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CCLAAC Agenda 12/07/2022 RevisedAGENDA CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE December 7, 2022, 1:00 P.M. Commission Boardroom W. Harmon Turner Building (Building “F”), Third Floor All interested parties are invited to attend, and to register to speak. Individuals who would like to participate in person must complete and submit a speaker form. Members of the public who would like to participate remotely, should register HERE to fill out the online speaker registration form. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. Individuals who register online will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Summer Araque at (239) 252-2979 or email to: ConservationCollier@colliercountyfl.gov 1.Roll Call A.Approval of CCLAAC Members attending the meeting remotely 2.Approval of Agenda 3.Approval of November 2, 2022, Meeting Minutes 4.Coordinator Communications A.Committee Member application(s) up for renewal B. BCC Items C.Miscellaneous Items 5.Old Business A.Acquisition Cycle 10 Purchase Agreements 1.Dr. Robert H. Gore III Preserve project a.Quevedo b. Zani c.Charles – Add on 2.Panther Walk Preserve project a. Salgado b. Sparkman c.Lopez-Rodriguez – Add on 3.Red Maple Swamp Preserve project a. Guerra 4.Winchester Head Preserve project a.Casasierra Realty b.Ruben Trust c.Toro Trust d. Fesser – Add on B.Acquisition Cycle 10 Updates C.Conservation Collier Cycle Timeline revisions 6.New Business A.Review of Exceptional Benefits Ordinance B.Cycle 11B Initial Criteria Screening Report (ICSR) reviews 1.Owl Hammock – Collier Land Holdings 2.Frank / Hothersall 3.Sit / Williams / Chew (Add-on) and Lie (Add-on) - Nancy Payton Preserve TPMA 4.Buckley – Nancy Payton Preserve TPMA 5.Khoury - Otter Mound TPMA C.Acquisition Cycle 11B Property Summary, Public Comments, and Ranking The Committee will be taking Public Comments in advance of the Ranking. Public speakers may speak on any or all of the properties on the Cycle 11B Property list: 1.Brewer 2.Frank/Hothersall – Picayune State Forest 3.Owl Hammock – Collier Land Holdings 4.Dr. Robert H Gore II Preserve Project (102 parcels) 5.McIlvane Marsh Project (2 owners) 6.Nancy Payton Preserve Project (2 owners and 1 Add-on owner) 7.North Belle Meade TPMA – Hoffman 8.Otter Mound Preserve Project – Khoury 9.Panther Walk Preserve Project (193 parcels) 10.Pepper Ranch Preserve Project – English Trust 11.Shell Island Preserve Project – Dredge Management (fka Magdalener) 12.Preserve Expansion parcels a.Dr. Robert H Gore II Preserve (58 parcels) b.Panther Walk Preserve (11 parcels) 13.Multi-parcel Projects a.Red Maple Swamp (23 parcels) b.Winchester Head (38 parcels) Per Ordinance 2019-03 and the Ranking Procedure: 1. Committee will rank properties A, B, or C. 2. Will prioritize the A properties with a 1, 2, or 3. 3. Then vote on the overall ranking results. D.Cycle 11B Initial Screening Criteria (ISC) review – Add on request to be heard directly after Item 6.A 1. Lie – Nancy Payton Preserve TPMA 7.Subcommittee Reports A.Lands Evaluation & Management – Chair, Bill Poteet – last meeting November 7, 2022 B.Outreach – Chair, Brittany Patterson-Weber – last meeting November 14, 2022 C.Ordinance Policy and Rules – Chair, Michele Lenhard - last meeting June 1, 2022 8.Chair and Committee Member Comments 9.Public General Comments 10.Staff Comments 11.Next Meeting – January 4, 2023 12.Adjourn ****************************************************************************************************** Committee Members: Please notify Summer Araque at 252-2979 no later than noon Monday, December 5, 2022, if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item. CCLAAC 26.A.5 EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $28,650 (Quevedo). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Odalys Quevedo (Seller). CONSIDERATIONS: The Seller's property contains 1.14 acres and is located the Dr. Robert H Gore III Preserve located off Desoto Blvd. The property is within Golden Gate Estates, Unit 91. The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the property is less than $500,000.00, one appraisal report will be obtained, and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing Policy, the purchase price of $28,000 was based upon one (1) independent, state -certified general real estate appraisal firm. The total cost to obtain appraisals for 21 parcels in this area was $3,900. FISCAL IMPACT: The total cost of acquisition will not exceed $28,650 ($28,000 for the property, and approximately $650 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 10, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $112,805,547. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $425/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Real Property Management, Department of Facilities Management N N O N ti E d 0 a� 0 r a CCLAAC — Quevedo Packet Pg. 666 26.A.5 Conservation Collier Land Acquisition Program Project Design Report Quevedo Property Date: October 2022 Property Owner: Odalys Quevedo Folios : 41504040004 Location: GOLDEN GATE EST UNIT 91 W 75FT OF E 18OFT OF TR 45 Size: 1.14 acres Appraised Value: $28,000 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/9/22 1/25/2022 9/22/2022 9/26/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Qualifications: This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Quevedo parcel was considered due to its proximity to an existing Conservation Collier preserve. The Quevedo project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 38th Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 canal. 1 Packet Pg. 667 26.A.5 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Quevedo parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Packet Pg. 668 26.A.5 Q QUEVEDO, ODALYS Dr. Robert Gore III Preserve Property Owner Accepted Offer N N O N ti L E a) V CD CONWMATION LiIER La Coiliav County c E u a Packet Pg. 669 26.A.5 1 0 0.15 Miles C.0 Y County 2 N N O N ti L E a) V CD a L Q LO C N E L u a2 a+ Q Packet Pg. 670 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ODALYS QUEVEDO, whose address is 1860 Desoto Blvd S, Naples, FL 34117, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty - Eight Thousand Dollars and 001100 dollars ($28,000.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Packet Pg. 671 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 3.011 Seller shall convey a marketable title free of any liens, encumbrances, N exceptions, or qualifications. Marketable title shall be determined according to N applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly E executed and acknowledged, in recordable form: a 0 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due o relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear LO Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. a Packet Pg. 672 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER- 41504040004 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement. the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's o possession to Purchaser within 10 (ten) days of the effective date of this W Agreement. Purchaser shall have the option, at its own expense, to obtain a o current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any < change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey E provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an a Packet Pg. 673 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the a Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller c in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In o the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and o environmental and soil testing results commissioned by Purchaser with respect to the Property. LO 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. a 4 Packet Pg. 674 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seiler is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and r a 5 Packet Pg. 675 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER, 41504040004 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or N cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly a into any body of water. Seller represents the Property has not been used for L the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in a applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in o connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property o or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were o located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. O E 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or a Packet Pg. 676 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser Promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall Packet Pg. 677 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Odalys Quevedo 1860 Desoto Blvd S Naples, FL 34117 Telephone number: Fax number: N/A 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. 8 Packet Pg. 678 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41504040004 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the o next succeeding business day.LO ' a 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County E Commissioners of Collier County, Florida. a Packet Pg. 679 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41504040004 26.A.5 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman r Q LO C d r � r Packet Pg. 680 26.A.5 CONSERVATION COLLIER TA,X IDENTIFICATION NUMBER 41504040004 AS TO SELLER: DATED: WITNESSES +Sgnstuw ' ' i Pnnted Narr,el� __f6&9&L -.-==p I$ na[ , 1121;?-= c. 13/a y? o (PnrMtd Nama1 66 e��, ODALY QUEVEDO N N O N L E 0 Packet Pg. 681 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER, 41504040004 26.A.5 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41504040004 LEGAL DESCRIPTION: THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 45, GOLDEN GATE ESTATES, UNIT NO. 91, ACCORDING TO THE PREVIOUS DEED RECORDED AT OFFICAL RECORDS BOOK 1445 PAGE 1506, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 acres Packet Pg. 682 CCLAAC 26.A.5 EXECUTIVE SUMMARY N N O Approve an Agreement for Sale and Purchase for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $50,600 ;, (Zani). E a) U OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) CD between the Board of County Commissioners (Board) and Paul Michael Zani and Ashley ' Christina Zani (Seller). y CONSIDERATIONS: The Seller's property contains 2.27 acres and is located the Dr. Robert H Gore III Preserve located off Desoto Blvd. The property is within Golden Gate Estates, Unit 91. Staff contracted with one independent, state -certified, general real estate appraisal firm to appraise all expansion parcels within the Project. The appraisal dated August 2022 provided an averaged appraised value for wetland parcels between 1.14 and 2.73 acres within the Project at $22,000 an acre. On September 23, 2022, new offers were sent to fifty-one (51) property owners based on appraisals within the Project. The cost to obtain new appraisals was $3,900. The Sellers' 2.27-acre property located within the Project is vacant, fully wooded, majority cypress with 100% hydric slough soils present. The land cost for the 2.27-acre parcel is $49,900. FISCAL IMPACT: The total cost of acquisition will not exceed $50,600 ($49,900 for the property, and approximately $700 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 10, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $112,805,547. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $408/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 0 1. Approve the attached Agreement; and L 0 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board.LO c PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Real Property Management, Department of Facilities Management a CCLAAC — Zani I Packet Pg. 683 26.A.5 N Conservation Collier Land Acquisition Program o Project Design Report Zani Property E Date: November 2022 U at 0 Property Owner: Paul Michael and Ashley Christina Zani Folios : 41501280003 Location: GOLDEN GATE EST UNIT 91 W 150FT OF TR 13 Size: 2.27 acres Appraised Value: $49,900 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/9/22 1/25/2022 9/23/2022 10/19/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Zani parcel was considered due to its proximity to an existing Conservation Collier preserve. The Zani project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 38th Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality �° enhancement, protection of wetland dependent species habitat, and flood control i The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel Q provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 "' canal. as E s Packet Pg. 684 26.A.5 Property enhances and/or protect the environmental value of current conservation lands o through function as a buffer, ecological link, or habitat corridor N ti The Zani parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther E National Wildlife Refuge. °; a� 0 Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $1,135 $908 $908 $908 $568 Signage $200 Total $1,335 $908 $908 $908 $568 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 L LO a 0 E 0 yr Q Packet Pg. 685 26.A.5 ZANI, PAUL M & ASHLEY C Dr. Robert Gore III Preserve Property Owner Accepted Offer N N O N ti L E a) V CD CONWMATION LiIER La Coiliav County c E u a Packet Pg. 686 26.A.5 coftr county il N N O N ti L E a) u CD a L Q LO c a) E u a Packet Pg. 687 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PAUL MICHAEL ZANI AND ASHLEY CHRISTINA ZANI, husband and wife, whose address is 741 24'h Avenue NW, Naples, FL 34120, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable -to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Forty - Nine Thousand Nine Hundred Dollars and 001100 dollars ($49,900.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Packet Pg. 688 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Intemal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. GQ,O Packet Pg. 689 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seiler, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seiler agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit 'A" unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an N N O N CD E a) U CD 0 ti r Packet Pg. 690 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or tie unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. 0 a LO c E U e. a GAO Packet Pg. 691 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER. 41501280003 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and N N O N L (D E a) 0 aD L ❑ a LO Cop a Packet Pg. 692 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or 0 LO C.Pp a Packet Pg. 693 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER' 41501260003 local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall N N O N ti d E 4) 0 d Packet Pg. 694 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number. 239-252-8876 If to Seller: Paul & Ashley Zani 741 24th Avenue NW Naples, FL 34120 Telephone number: 757-777-7945 Fax number: NIA 11.02 The addressees and numbers i changed by either party by giving written in the manner provided herein. For the addressees only, unless and until su, addressee and respective address state effect for all purposes. >r the purpose of this Article may be notice of such change to the other party 7urpose of changing such addresses or h written notice is received, the last I herein shall be deemed to continue in N N O N ti a`) E (1) a� 0 Packet Pg. 695 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 XI I. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Packet Pg. 696 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 13.09 if the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a benefciaf interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M. WILLIAM L. MCDANIEL, JR., Chairman Packet Pg. 697 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 N N O N ti L AS TO SELLER: E DATED: l� rg 1 Zv Z2 0 WITNESSES: E o U (Signature) PAUL MICHAEL f O &,DC l (Printed Name) Q C O r An (Sign Cr 3 v (Prin ame) J 1 r r (Signature) S EY RISTI NI AvDE `12SPE-PJA L (Printed Name) Q d to r0 s V L (s i gm Gre (Printed N e) y d L a L ,O V NNO 1.6 L Packet Pg. 698 26.A.5 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41501280003 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER 41501280003 LEGAL DESCRIPTION: THE WEST 150 FEET OF TRACT 13, GOLDEN GATE ESTATES, UNIT NO. 91, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, 2.27 acres Packet Pg. 699 CCLAAC 26.A.6 EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $25,700 (Charles). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Paulette Charles (Seller). CONSIDERATIONS: The Seller's property contains 1.14 acres and is located the Dr. Robert H. Gore III Preserve located off Desoto Blvd. The property is within Golden Gate Estates, Unit 91, and it is vacant, fully wooded with a majority of cypress present. The land cost for the 1.14-acre parcel is $25,100. Staff contracted with one independent, state -certified, general real estate appraisal firm to appraise all expansion parcels within the Project. The appraisal dated August 2022 provided an averaged appraised value for wetland parcels between 1.14 and 2.73 acres within the Project at $22,000 an acre. On September 23, 2022, offers were sent to fifty-one (51) property owners based on appraisals within the Project. The cost to obtain appraisals was $3,900. FISCAL IMPACT: The total cost of acquisition will not exceed $25,700 ($25,100 for the property, and approximately $600 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 10, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $112,830,647. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $425/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Real Property Management, Department of Facilities Management r Q CCLAAC-Charles Packet Pg. 700 26.A.6 Conservation Collier Land Acquisition Program Project Design Report Charles Property Date: November 2022 Property Owner: Paulette Charles Folios : 41502640008 Location: GOLDEN GATE EST UNIT 91 W 75FT OF E 18OFT OF TR 28 Size: 1.14 acres Appraised Value: $25,100 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/9/22 1/25/2022 9/22/2022 10/27/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is adjacent to the Dr. Robert H. Gore III Preserve. The Charles parcel was considered due to its proximity to an existing Conservation Collier preserve. The Charles project met 5 out of 6 Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 36th Ave SE off Desoto Blvd — a paved public road. This property could accommodate outdoor recreation, particularly due to the proximity to the Dr. Robert H. Gore III Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality " L enhancement, protection of wetland dependent species habitat, and flood control The parcel has many wetland dependent plant species and contains karst topography, which is a wetland indicator, despite soils that indicate that wetlands may also be seasonal. The parcel provides minimal water quality enhancement beyond accommodating sheet flow into the I-75 c canal. M U a r r Q Packet Pg. 701 26.A.6 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor The Charles parcel expands the Dr. Robert H. Gore III Preserve. This parcel, joined with many others, could also permanently protect a corridor between North Belle Meade and the Florida Panther National Wildlife Refuge. Zoning, Growth Management and Land Use Overlays: The parcel is within the Northern Golden Gate Estates. The zoning classification is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $570 $456 $456 $456 $285 Signage $200 Total $770 $456 $456 $456 $285 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 U r a E a a Packet Pg. 702 26.A.6 r-1 CHARLES, PAULETTE Dr. Robert Gore III Preserve Property Owner Accepted Offer r CON ATION Q LiIER �% Cov County a� E U a Q Packet Pg. 703 26.A.6 CHARLES, PAULETTE W- Dr. Robert Gore III Preserve CON E C L AI L' LLILi ER r Co unty yh•` . m E t u a r r 4 a Packet Pg. 704 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41502640008 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between PAULETTE CHARLES, whose address is 1484 Muir Circle, Clermont, FL 34711, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). VVITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty - Five Thousand One Hundred Dollars and 001100 dollars ($25,100.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty o (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in c connection with the Closing shall be as follows: E a Packet Pg. 705 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41502640008 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4,011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. Packet Pg. 706 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41502640008 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 if Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable, Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's �° possession to Purchaser within 10 (ten) days of the effective date of this o Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any LO change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey E provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an a Packet Pg. 707 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 41502640008 improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations.. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of a any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable L contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller c0 in writing of its specific objections as provided herein within the Inspection Period, _ it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In C W the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property.LO w 5.03 Purchaser and its agents, employees and servants shall, at their own risk and E expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Q Packet Pg. 708 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41502640008 Purchaser shall, in performing such tests, use due care. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2021 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the LO Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to E consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Q Packet Pg. 709 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41502640008 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any U pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for y the production, handling, storage, transportation, manufacture or disposal of Iv a hazardous or toxic substances or wastes, as such terms are defined in — applicable laws and regulations, or any other activity that would have toxic L results, and no such hazardous or toxic substances are currently used in c0 connection with the operation of the Property, and there is no proceeding or = inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property �° or potential of ground water contamination from neighboring properties. Seller o represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership Li thereof. Seller represents none of the Property has been used as a sanitary LO landfill. r c a� E 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or r a V, Packet Pg. 710 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER; 41502640008 local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend a LO and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, E pursuant to or in connection with the application of any federal, state, local or U common law relating to pollution or protection of the environment which shall r a C Packet Pg. 711 26.A.6 CONSERVATION COLLIER TAX 0ENTIFICATION NUMBER: 41502640008 be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Super -fund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SRIWA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Paulette Charles 1484 Muir Circle Clermont, FL 34711 Telephone number: 305-764-4694 Fax number: N/A 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Packet Pg. 712 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41502640008 X11. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Packet Pg. 713 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41502640008 26.A.6 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. {If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.} 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T. Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., Chairman 10 4 Packet Pg. 714 26.A.6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER- 415()264000S AS TO SELLER: DATED: WITNESSES: (Signature) (PTintLo Name, !Sign ref (Prated Name] PAULETTE CHARLES STATE OF FLORIDA COUNTY OF�N�,e- The foregaing instrument wits acknowledged before me this = JATHM WJUW _ day of N13i!}1 C 20 :2, by MY� MrHN :> o, wg"` E7�fiES: NoMeetber 18, 2028 Personally Known _ OR Produced identification Type of Identification Produced V6fu_ . n Packet Pg. 715 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 41502640008 26.A.6 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 41502640008 LEGAL DESCRIPTION, - THE WEST 75 FEET OF THE EAST 180 FEET OF TRACT 28, GOLDEN GATE ESTATES, UNIT NO. 91. ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 30, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. 1.14 acres a Packet Pg. 716 CCLAAC 26.A.8 EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $43,650 (Lopez - Rodriauez). OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Terri Lopez formerly known as Terri Rodriguez (Seller). CONSIDERATIONS: The Seller's property contains 1.59 acres and is located within Section 30, Township 47 South, Range 28 East near the Conservation Collier's Panther Walk Preserve. The Panther Walk Preserve is located within the Horsepen Strand in North Golden Gate Estates, and acquisition of this parcel serves to further complete the protection of environmentally sensitive lands within the Horsepen Strand. The approved Conservation Collier Purchasing Policy (Resolution 2007-300) requires if the estimated value of the property is less than $500,000.00, one appraisal report will be obtained, and the Offer Amount will be equal to the appraised value. In accordance with the Purchasing Policy, the purchase price of $42,900 was based upon one (1) independent, state -certified general real estate appraisal firm. The total cost to obtain appraisals for the parcels in this area was $2,900. FISCAL IMPACT: The total cost of acquisition will not exceed $43,650 ($42,900 for the property, and approximately $750 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 10, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $112,830,647. Estimated costs of maintenance in perpetuity for this and all Cycle 10 A -list properties have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan that will ensure management of all Conservation Collier Preserves in perpetuity. The Initial costs of maintenance have been provided in the Project Design Report (PDR) attached. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $235/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Agreement on behalf of the Board. PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Real Property Management, Department of Facilities Management CCLAAC — Lopez - Rodriguez I Packet Pg. 717 26.A.8 Conservation Collier Land Acquisition Program Project Design Report Rodriguez Property Date: October 2022 Property Owner: Terri Rodriguez Folios : 38847160007 Location: GOLDEN GATE EST UNIT 42 W 105FT OF TR 84 Size: 1.59 acres Appraised Value: $42,900 History of Proiect: Selected for the "A" category, Selected for the "A" Purchase Offer Accepted #1 priority, on the Active category, #1 priority, offer made to Acquisition List (AAL) by on AAL by BCC owners CCLAAC 12/9/22 1/25/2022 9/21/2022 10/4/2022 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: This parcel is located in the southern section of the Horsepen Strand, south and west of the Panther Walk Preserve. The Rodriguez parcel met the Initial Screening Criteria identified in the Conservation Collier Ordinance, No. 2007-65, as amended, including presence of native habitat, potential for nature -based recreational and educational opportunities, protection of water resource values and wetland dependent species habitat, presence of significant biological/ecological values, listed species habitat, connectivity, and restoration potential. Potential access for nature -based recreation, and enhancement of the aesthetic setting of Collier County This parcel offers access from 60th Ave NE off Everglades Blvd — a paved public road. This property could accommodate seasonal outdoor recreation, particularly due to the proximity to the Panther Walk Preserve. Opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control The parcel is part of the greater Horsepen Strand flow way and contains a portion of a freshwater marsh. This parcel is home to many wetland dependent species of flora and fauna. Packet Pg. 718 26.A.8 Property enhances and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor This parcel, when joined with many others, can protect the flow of both wildlife and water through the Horsepen Strand. Zoning, Growth Management and Land Use Overlays: The Panther Walk and Horsepen Strand project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: No hydrologic changes are necessary to maintain wetland characteristics on the project site. Projected management activities include the removal of invasive plants, the development of a Land Management Plan, and continued development of public access to selected portions of the preserve. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $477 $318 $318 $318 $239 Signage $200 Total $677 $318 $318 $318 $239 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. 2 Packet Pg. 719 26.A.8 o 1 2 Miles 0 RODRIGUEZ, TERRI Panther Walk Preserve Property Owner Accepted Offer Donation —J rr CONS-E-R- ATION [ LLIM cofter county Packet Pg. 720 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between TERRI LOPEZ FORMERLY KNOWN AS TERRI RODRIGUEZ, whose address is 11071 SW 3011 Court, Davie, FL 33328-1520, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser'). W I T N E S S E T H WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Two Thousand Nine Hundred Dollars Currency) payable at time of closing. III. CLOSING Price") for the Property shall be Forty - and 001100 dollars ($42,900.00), (U.S. 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: GQO Packet Pg. 722 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications_ Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Intemal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owners title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. GAO Packet Pg. 723 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER. 311M7160007 3.03 Purchaser shall pay for the cost of Property taxes shall be prorated based allowance made for maximum allowable applicable exemptions and paid by Seller. current year's millage is not fixed, taxes w year's millage. IV. REQUIREMENTS AND CONDITIONS recording the Warranty Deed. Real on the current year's tax with due discount, homestead and any other If Closing occurs at a date which the II be prorated based upon such prior 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property In Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit 'A" unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered GeO Packet Pg. 724 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 Florida surveyor, shows: (a) an encroachment onto the property: or (b) that an E improvement located on the Property projects onto lands of others, or (c) lack 0 of legal access to a public roadway, the Purchaser shall notify the Seller in L writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining > legal access to the Property from a public roadway, within sixty (60) days of a receipt of said written notice from Purchaser. Purchaser shall have ninety (90) o days from the effective date of this Agreement to notify Seller of any such, objections. Should Seller elect not to or be unable to remove the a encroachment, projection, or provide legal access to the property within said a sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the J Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period N provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. o V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program_ 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and Goo Packet Pg. 725 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 conducting site analyses, soil borings and all other Purchaser shall, in performing such tests, use due care. Purchaser no less than twenty-four (24) hours prior Property. VI. INSPECTION necessary investigation. Seller shall be notified by to said inspection of the 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. Vill. PRORATIONS 8.01 Ad valorem taxes be prorated at Closing paid by Seller. next due and payable, after closing on the Property, shall based upon the gross amount of 2021 taxes, and shall be IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property. and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary APO Packet Pg. 726 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 authorizations and approvals have been obtained authorizing Seller and = Purchaser to execute and consummate the transaction contemplated hereby. 0 At Closing, certified copies of such approvals shall be delivered to Purchaser L and/or Seller, if necessary. N 10.013 The warranties set forth in this paragraph shall be true on the date of a this Agreement and as of the date of Closing. Purchaser's acceptance of a o deed to the said Property shall not be deemed to be full performance and y discharge of every agreement and obligation on the part of the Seller to be a performed pursuant to the provisions of this Agreement. a 10.014 Seller represents that it has no knowledge of any actions, suits, claims, J proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other N property that could, if continued, adversely affect Seller's ability to sell the v Property to Purchaser according to the terms of this Agreement. `o 10.015 No party or person other than Purchaser has any right or option to a acquire the Property or any portion thereof. a� 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the a, Property or any rights therein, nor enter into any agreements granting any a person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for a any reason whatsoever. N a� _ 10.017 Seller represents that there are no incinerators, septic tanks or L' cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any N pollutants are or have been discharged from the Property, directly or indirectly a into any body of water. Seller represents the Property has not been used for 0 the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in a connection with the operation of the Property, and there is no proceeding or Y inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were a located on the Property at any time during or prior to Seller's ownership , thereof. Seller represents none of the Property has been used as a sanitary N landfill. Ln Packet Pg. 727 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse. defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly. GAO Packet Pg. 728 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with `o automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: a If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples, Florida 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Terri Lopez 11071 SW 30t" Court Davie, FL 33328 Telephone number: Fax number: N/A 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. GPO Packet Pg. 729 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER: 38847160007 XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS J 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. CSC Packet Pg. 730 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 38647160007 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever a for others, Seller shall make a written public disclosure, according to Chapter 286, o Florida Statutes, under oath, of the name and address of every person having a, beneficial interest in the Property before Property held in such capacity is a conveyed to Collier County. (If the corporation is registered with the Federal a Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the J provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of N the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below Dated Project/Acquisition Approved by BCC AS TO PURCHASER ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY. WILLIAM L. MCDANIEL, JR., Chairman 10 0 Gq. Packet Pg. 731 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NL"WR 36&/Ttt3 WT AS TO -SELLER: DATED:— -z ;?- Z C Z �- J WITNESSES �, a (Spnatwl t T RRI LOPE1 FORMERLY KNOWN /1� r5�,k � r1�p�,gee fit// S TERRI RODRIGUEZ N ,Ourtad Nar a O Syratwe Q �0-1 ._ (Pnntea Name) I Packet Pg. 732 26.A.8 CONSERVATION COLLIER TAX IDENTIFICATION NUMBER 30U7160007 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER_ 38847160007 LEGAL DESCRIPTION: THE WEST 105 FEET OF THE WEST 180 FEET OF TRACT NO. 84, GOLDEN GATE ESTATES, UNIT 42, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE(S) 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.59 acres 12 GAO Packet Pg. 733 26.A.9 EXECUTIVE SUMMARY N N O Approve an Agreement for Sale and Purchase for 1.14 acres within the Red Maple Swamp Preserve N Multi -parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to L exceed $21,100 (Guerra). E m OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between d the Board of County Commissioners (Board) and Maximo Guerra and Sigrid Guerra (Sellers). m CONSIDERATIONS: On January 25, 2022, Agenda Item I IA, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) E recommended Cycle 10 Active Acquisition List (AAL), with changes. A multi -parcel project included on E the Cycle 10 - AAL and ranked in the "A" category was a portion of Unit 53 in Golden Gate Estates (Red 0 Maple Swamp Multi -parcel Project). On September 22, 2022, staff made offers to the remaining property c owners within the Project. w The Red Maple Swamp Preserve Multi -parcel Project consists of 108 parcels and a total of 305.80 acres. To date, Conservation Collier has acquired 83 parcels consisting of a total of 236.26 acres. ° :r .N The appraisal dated September 2022 provided an averaged appraised value for parcels within the Project at $16,500 an acre. On September 21, 2022, new offers were sent to twenty-five (25) property owners Q based on new appraisals within the Project. The cost to obtain new appraisals was $2,500. The Sellers' 13 c property contains a total of 1.14 acres and is located within the Project. The land cost for the 1.14-acre M parcel is $20,500. FISCAL IMPACT: The total cost of acquisition will not exceed $21,100 ($20,500 for the property and approximately $600 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 10, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $112,805,547. Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $365/acre including exotic vegetation removal. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2. Recommend to the Board approval and authorization for the Chairman to execute the Q Agreement on behalf of the Board. `" c m E PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Division of Facilities Management Q CCLAAC—Guerra Packet Pg. 734 26.A.9 Conservation Collier Land Acquisition Program Project Design Report Guerra Property Date: October 2022 Property Owner(s): Maximo and Sigrid Guerra Folio: 39491160009 Location: GOLDEN GATE EST UNIT 53 W 75FT OF E 150FT OF TR 14 Size: 1.14 acres Appraised Value: $20,500 History of Proiect: Selected for the "A" category, AAL most recently Letter sent to Offer #1 priority, on the Active approved by BCC Winchester Accepted Acquisition List (AAL) by Head owners CCLAAC 12/15/04 1/25/2022 9/20/22 10/13/22 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Red Maple Swamp multi -parcel project, which includes the 1.14-acre Guerra parcel, was first approved by the Board for acquisition as an "A" List multi -parcel property in January 2005, and then confirmed again most recently in January 2022. Red Maple Swamp/NGGE Unit 53 is an undeveloped Unit within the North Golden Gate Estates (NGGE) incorporating 305.80 acres and 108 parcels. Conservation Collier has acquired 83 parcels totaling 236.26 acres and currently owns 77% of lands within the project area. Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that being dominated by cypress and red maple swamp and the remainder by native and exotic re -growth over a historic farm field (approximately 100 acres) on the western side of Unit 53. This parcel is not within the old farm field area as it is located on the eastern side of Unit 53. Exotic invasive plants Brazilian pepper and Japanese climbing fern make up anywhere from 35% to 45% of the vegetation and exist throughout the parcel. Listed wetland dependent birds, including wood storks, snowy egrets, ibis and little blue herons have been observed during site visits to this area. No listed wildlife species have been observed; however, the entire unit is considered part of Primary Zone panther habitat N N O N L N E as as c M Q LO c 0 E 0 M a Packet Pg. 735 26.A.9 by the U.S. Fish and Wildlife Conservation Commission. Deer and Florida black bears N have been observed in the area. N In addition to protecting wetlands and listed species habitat, another important reason for L the selection of Red Maple Swamp as a conservation target is that it is connected on its E north and west sides with the 60,000-acre Florida Forever Corkscrew Regional Ecosystem Watershed (CREW) Project, which includes Corkscrew Marsh, Bird Rookery Swamp, Flint Pen Strand and Audubon's Corkscrew Swamp Sanctuary. Through them, Red Maple Swamp (and this parcel) connects with the Pepper Ranch and Caracara Prairie Preserves, private mitigation lands and lands protected under the County's Rural Lands Stewardship E Program. Conservation Collier acquisitions within NGGE Unit 53 enhance, protect, and v buffer these already conserved lands. Zoning, Growth Management and Land Use Overlays: The Red Maple Swamp project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Removal of exotic plants, construction of trails, and signage are projected management activities. An Interim Management Plan (IMP) has been drafted, approved and is updated every two (2) years. A final management plan will be developed once enough contiguous parcels have been acquired to make management actions cost effective. Currently, 131.4 acres of the preserve are under management for exotic plants. Red Maple Swamp is adjacent to Bird Rookery Swamp, where a 1,200-foot boardwalk has been built and nearly 12 miles of hiking trails have been created by South Florida Water Management District (SFWMD). Staff will coordinate with SFWMD and neighboring communities when planning for public access to Red Maple Swamp lands. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, 41 st Ave NW, an unpaved limerock road, provides access and the only parking is along the road right-of-way. Minimal management activities, like regular visitation, inspection and trash removal are currently being accomplished by staff. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $684 $342 $342 $342 $171 Signage $200 Total $884 $342 $342 $342 $171 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. Q 2 Packet Pg. 736 26.A.9 Miles Q GUERRA, MAXIMO & SIGRID Red Maple Swamp Preserve Property Owner Accepted Offer [pN gTIpN iLIER Co e r county N N O N L d E d M Q LO a a) E 0 a Packet Pg. 737 26.A.9 Miles GUERRA, MAXIMO & SIGRID Red Maple Swamp Preserve Co lter County CONSERVATION COLLIER N N O N ti L E a) V M LO c a) E U a Packet Pg. 738 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MAXIMO GUERRA AND SIGRID GUERRA, husband and wife, whose address is 3640 191h Avenue SW, Naples, FL 34117-6140, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property. subject to the conditions and other agreements hereinafter set forth. and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars (S10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I, AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A 2.01 The purchase price (the "Purchase Price") for the Property shall be Twenty Thousand Five Hundred Dollars and 001100 dollars ($20,500.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty (240) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Manager of the Real Property Management or designee is authorized to enter into such mutual written agreements on behalf of the County for extensions of up to an additional 60 days without further approval by the Board of County Commissioners. The Packet Pg. 739 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, 81h Floor, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.9114 A W-9 Form. "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.a12 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.9121 A wire transfer or negotiable instrument in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due W at Closing in accordance with Article III hereof, shall be subject to ' adjustment for prorations as hereinafter set forth, a w 3.02 Each party shall be responsible for payment of its own attorneys fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear a Packet Pg. 740 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article. Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof. Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the a title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will P be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to a a make such title good and marketable. In the event Seller is unable to cure said E objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may ) accept title as it then is, waiving any objection; or Purchaser may terminate the CU Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. ' M Q 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's w possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any a Packet Pg. 741 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows, (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway. the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment. or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 if Purchaser is not satisfied, for any reason whatsoever; with the results of 4) any investigation, Purchaser shall deliver to Seller prior to the expiration of the CU Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, ' it shall be deemed that the Purchaser is satisfied with the results of its a LO investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of E inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. a Packet Pg. 742 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense. have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 0.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PROBATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2017 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9,01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option. terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 he parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following. 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. Packet Pg. 743 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits. claims, proceedings, litigation or investigations pending or threatened against Seller. at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or a cesspools on the Property; all waste, if any, is discharged into a public sanitary E sewer system; Seller represents that they have (it has) no knowledge that any 3 pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for CU the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic cli results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or r inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were a Packet Pg. 744 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law. ordinance. code or regulation or requiring or calling attention to the need for any work. repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond Issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees L not to enter into any contracts or agreements pertaining to or affecting the a Property and not to do any act or omit to perform any act which would change E the zoning or physical condition of the Property or the governmental cn ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice. that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. w 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. a Packet Pg. 745 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 10.023 Seller represents. warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response; Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq.. ("CERCLA" or "Superfund"), which was amended and upgraded by the Super -fund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder. shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail. return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3300 Santa Barbara Blvd. Naples 34116 With a copy to: Cindy M. Erb, SRIVVA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number: 239-252-8876 If to Seller: Maximo & Sigrid Guerra 3640 19' Avenue SW Naples, FL 34117-6140 Telephone number: 239-595-5811Cn a LO Fax number c 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or a Packet Pg. 746 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only: in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.05 No waiver of any provision of this Agreement shall be effective unless it is in a CU writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. a LO w 13.07 If any date specified in this Agreement fails on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. a Packet Pg. 747 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 13.08 Seller is aware of and understands that the "offer" to purchase represented N by this Agreement is subject to acceptance and approval by the Board of County o Commissioners of Collier County, Florida. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. U 0 13.09 If the Seller holds the Property in the form of a partnership, limited ' partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, E Florida Statutes, under oath, of the name and address of every person having a c beneficial interest in the Property before Property held in such capacity is U conveyed to Collier County. (If the corporation is registered with the Federal o Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the a provisions of Chapter 286, Florida Statutes.) o .N 13.10 This Agreement is governed and construed in accordance with the laws of a the State of Florida. a XIV. ENTIRE AGREEMENT c J ti 14.01 This Agreement and the exhibits attached hereto contain the entire Iq agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and a dated by both Purchaser and Seller. Time is of the essence of this Agreement. a IN WITNESS WHEREOF, the parties hereto have signed below.Ca L Dated Project/Acquisition Approved by BCC: L AS TO PURCHASER: L a ATTEST: BOARD OF COUNTY COMMISSIONERS E CRYSTAL K. KINZEL, Clerk of the COLLIER COUNTY, FLORIDA 3 Circuit Court and Comptroller ) a ca BY: 0 Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman M Q Approved as to form and legality: a> � v Ronald T. Tomasko, Assistant County Attorney Q 4 l 10 Packet Pg. 748 Firefox 26.A.9 CONSERVATION COLLIER Property Identification No. 39491160009 AS TO SELLER: DATED:�l'� WITNESSES: �—Lp �i tom./ 4itness #1 (Signatur * Z,q)4 4'a,vz4 e!& Witness #1 T&"1-.v b F Witness #2 (Print Name) AS TO SELLER: DATED: WITNESSES: a itness 41 (Signature) AR S c r((jk 77Z-,6• �Z Witness #1 nt Nam Witness # (" nature) LY*6 f��4rV06- Witness #2 (Print Name) BY: MAXIMO ERRA BY. RID GUERRA ritQ N N 0 N ti L �c C a) U a� 11 of 12 Packet Pg. 749 26.A.9 CONSERVATION COLLIER Property identification No. 39491160009 EXHIBIT "A" PROPERTY IDENTIFICATION NUMBER: 39491160009 LEGAL DESCRIPTION: THE WEST 75 FEET OF THE EAST 150 FEET OF TRACT 14 OF UNIT 53, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE(S) 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 1.14 acres 4� Packet Pg. 750 26.A.11 EXECUTIVE SUMMARY Approve an Agreement for Sale and Purchase for 2.27 acres within the Winchester Head Multi - parcel Project under the Conservation Collier Land Acquisition Program, at a cost not to exceed $57,600. (Fesser) OBJECTIVE: Request approval of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and Ivan Fesser and Ann O. Fesser (Seller). CONSIDERATIONS: On January 25, 2022, Agenda Item 11A, the Board of County Commissioners (Board) approved a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) recommended Cycle 10 Active Acquisition List (AAL), with changes. A multi -parcel project included on the Cycle 10 - AAL and ranked in the "A" category was a portion of Unit 65 in Golden Gate Estates (Winchester Head Multi -parcel Project). Staff has actively pursued acquiring parcels within Unit 65. The Winchester Head Multi -parcel Project consists of 115 parcels and a total of 158.67 acres. To date, Conservation Collier has acquired 69 parcels for a total of 95.84 acres, and the Collier Soil and Water Conservation District has acquired 2 parcels totaling 2.28 acres. The Seller's property contains a total of 2.27 acres and is located within the Winchester Head Multi -parcel Project. The appraisal dated August 2022 provided an averaged appraised value for wetland parcels within the Project at $25,000 an acre. The land cost for the 2.27-acre parcel is $56,800. FISCAL IMPACT: The total cost of acquisition will not exceed $57,600 ($56,800 for the property and approximately $800 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of January 10, 2023, property costs for Conservation Collier properties, including this property and those under contract, total $112,830,647. Estimated costs of maintenance in perpetuity have been considered by the CCLAAC and have been incorporated into the Conservation Collier Long Term Financial Management Plan. The Initial costs of maintenance have been provided in the Project Design Report (PDR) attached. The average annual per acre maintenance cost for the first 5 years (initial maintenance costs) is $228/acre including exotic vegetation removal. The FY23 maintenance costs for the subject property are estimated at $881 and include exotic vegetation removal and signage. After initial restoration, the average maintenance costs by Conservation Collier are approximately $150 per acre. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. - RTT RECOMMENDATION: Staff is recommending that the CCLAAC: 1. Approve the attached Agreement; and 2) Recommend to the Board approval and authorization a for the Chairman to execute the Agreement on behalf of the Board. c PREPARED BY: Cindy M. Erb, SR/WA, Property Acquisition Specialist II, Division of Facilities m E Management a CCLAAC Executive Summary —Fesser (WH 2.27 acres) Page 1 of 1 Packet Pg. 751 26.A.11 Conservation Collier Land Acquisition Program Project Design Report Fesser Property Date: October 2022 Property Owner(s): Ivan and Ann O. Fesser Folio: 39957520002 Location: GOLDEN GATE EST UNIT 65 W 150FT OF TR 63 Size: 2.27 acres Appraised Value: $56,800 History of Proiect: Selected for the "A" category, AAL most recently Letter sent to Offer #1 priority, on the Active approved by BCC Winchester Accepted Acquisition List (AAL) by Head owners CCLAAC 12/15/04 1/25/2022 9/20/22 10/12/22 Purpose of Proiect: Environmental Conservation — Conservation Collier Program Program Oualifications: The Fesser parcel is within the Winchester Head multi -parcel project. Winchester Head is an undeveloped depressional cypress head and marsh wetland located in NGGE in Units 62 and 65. Using aerial photographs, elevation data, soil maps and public input, a total of 115 parcels (158.67 acres) were identified as being important for acquisition. Selected parcels include wetlands and small areas of upland buffers on parcels which are more than half wetland. The entire project site is within North Golden Gate Estates, identified within the Conservation Collier Ordinance (Ord. No. 2002-63, as amended) as a Target Protection Area. One important reason for the selection of Winchester Head as a conservation target is that this area functions to provide floodplain storage for surrounding home sites during high rainy season. These types of depressional storage areas were included in the water management models for the Golden Gate canal system done by the Big Cypress Basin, , South Florida Water Management District and are a component of flood control for the area. Winchester Head has also been targeted for future watershed improvement projectsLO (North Golden Gate Flowway Restoration Project) in the County's Watershed Management Plan. At this time, Conservation Collier owns 95.84 acres out of a total of E 158.67 acres, or 60% of the project area. a Packet Pg. 752 26.A.11 Additional program criteria that would be satisfied by this acquisition include protection of surface and ground water resources, protection of wetland dependent species habitat, and good potential for restoration. This parcel is primarily cypress forest with a sparse canopy of large trees, an understory of swamp fern, royal fern, and saw grass, with a low midstory of coastal plain willow, dahoon holly, and button bush. There is a low infestation of Brazilian pepper and old-world climbing fern. A paved public road (39th Ave NE) provides access to the parcel and allows the property to be readily viewed. Zoning, Growth Management and Land Use Overlays: The Winchester Head project parcels are entirely within the Northern Golden Gate Estates. The zoning classification for all the parcels is Estates (E), a rural residential classification. There are no additional land use overlays applicable. Projected Management Activities: Active management of the entire project area is not feasible until a significant contiguous area can be acquired. While Winchester Head as a whole is relatively free of exotic plants, ongoing control is done annually or as needed. Exotic maintenance should be minimal and will be included in the management budget for the overall Winchester Head project. Most of the project area for Winchester Head is wetlands, and trails are not feasible. A raised boardwalk would be the best public access opportunity; however, this will not be considered until sometime well into the future of the project when more parcels are acquired. Nature photography and bird watching from roadways are two activities that can occur at present. Currently, the three roads (371h, 39th, and 41s' Streets NE) provide paved access to the project area but the only parking is the road right-of-way. At present, a visitor parking area is not available but could be constructed in the future. An educational kiosk can be placed along one of the roads through the project containing information on wetlands and on the preservation of the area. Signs can be placed at boundaries along the roadways. Estimated Management Costs: Management Element 2023 2024 2025 2026 2027 Exotics $681 $454 $454 $454 $341 Signage $200 Total $881 $454 $454 $454 $341 SEE PAGES 3 AND 4 FOR AERIAL MAPS OF THE PARCEL. a 2 Packet Pg. 753 26.A.11 Miles = FESSER, IVAN IL- Winchester Head Preserve Property Owner Accepted Offer CON E ATION LO LLIER o r County E C a Packet Pg. 754 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between IVAN FESSER AND ANN O. FESSER, whose address is 450 Swan Ave, Miami Springs, FL 33166-3931, (hereinafter collectively referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, Its successors and assigns, whose address is 3335 Tamiami Trail East, Suite 102, Naples, FL 34112. thereinafter referred to as "Purchaser"). W I T N E S S E T H WHEREAS; Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth. and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10,00). the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth. Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A 11. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Fifty -Six Thousand Eight Hundred Dollars and 001100 dollars ($56,800.00), (U.S. Currency) payable at time of closing. [[II�iI�iI.yl►[�3 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before two hundred and forty Q (240) days following execution of this Agreement by the Purchaser, unless "' r extended by mutual written agreement of the parties hereto. The Manager of the a Real Property Management or designee is authorized to enter into such mutual E written agreements on behalf of the County for extensions of up to an additional 60 w days without further approval by the Board of County Commissioners. The Q Packet Pg. 756 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East, 8t" Floor, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged. in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3V 12 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing. the Purchaser, or its assignee. shall cause to be delivered to the Seller the following: 3.0121 A wire transfer or negotiable instrument in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seiler and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to ' adjustment for prorations as hereinafter set forth. a 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due E relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Q Packet Pg. 757 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below. shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed. taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seiler written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller. at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any Packet Pg. 758 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 change to the total acreage referenced in Exhibit 'A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property, or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access. and Seller shall have the option of curing said encroachment or projection, or Obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection. or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have one hundred and twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended use and purpose in the Conservation Collier program. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of 6 any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its Q investigations and the contingencies of this Article V shall be deemed waived. In r the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and E environmental and soil testing results commissioned by Purchaser with respect to c the Property. Q Packet Pg. 759 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to g❑ upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2017 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIE 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option. terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 he parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties- X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seiler and Purchaser represent and warrant the following: a 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks E required of each hereunder. Seller is not presently the subject of a pending, a threatened or contemplated bankruptcy proceeding. a Packet Pg. 760 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law; equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seiler shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or a cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any = pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in Q connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property E or potential of ground water contamination from neighboring properties. Seller a represents no storage tanks for gasoline or any other substances are or were Q Packet Pg. 761 26.A.11 CONSERVATION COLLIER Property identification No. 39957520002 located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction. advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal. existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder, nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Packet Pg. 762 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 16.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt. or by registered, or certified mail, return receipt requested, postage prepaid. addressed as follows: If to Purchaser: Summer Araque, Coordinator Conservation Collier Program Collier County Parks and Recreation Division Public Services Department Golden Gate Community Park 3360 Santa Barbara Blvd. Naples 34116 With a copy to: Cindy M. Erb, SR/WA, Senior Property Acquisition Specialist Collier County Real Property Management 3335 Tamiami Trail East, Suite 102 Naples, Florida 34112 Telephone number: 239-252-8917 Fax number 239-252-8876 If to Seller: Ivan & Ann ❑. Fesser 456 Swan Ave Miami Springs, FL 33166-3931 Telephone number: 786-227-4284 Q Fax number r a� 11.02 The addressees and numbers for the purpose of this Article may be E changed by either party by giving written notice of such change to the other party a in the manner provided herein. For the purpose of changing such addresses or Q Packet Pg. 763 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs. executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seiler. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and wards used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 Na waiver of any provision of this Agreement shall be effective unless it is intn writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. Q 13.07 If any date specified in this Agreement falls on a Saturday. Sunday or legal holiday, then the date to which such reference is made shall be extended to the E next succeeding business day. w r Q Packet Pg. 764 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. This Agreement is subject to fund availability and future appropriation. Should the funds not be available or able to be used prior to closing the Purchaser or Seller may immediately terminate this agreement without any payment of any kind to Seller. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: ATTEST: CRYSTAL K. KINZEL, Clerk of the Circuit Court and Comptroller , Deputy Clerk Approved as to form and legality: Ronald T_ Tomasko, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: WILLIAM L. MCDANIEL, JR., ChairmanLO ' Q w m rr Q �`a Packet Pg. 765 26.A.11 CONSERVATION COLLIER Property Iden&ficatton No 39957520002 AS TO SELLER DATED: WITNESSES; I V*r%m#1 (Sgnsiure) Witness i1 (P"I Name, _ WtftA#r2($gnmum) L utA �A Wdnesa 02 tnn�c►r*.► AS TO SELLER: DATED: / - �-2 L WITNESSES witness b1 {Sgnaturol J d S cf l 9 "(/ yr Weneas 91 (Pnnt Netme} MMne 215gnai re) I L-yIA iZA:j� Witness 97 (Print Name., BY �.�/ 1 AN FESSER ANN O. FESSER Packet Pg. 766 26.A.11 CONSERVATION COLLIER Property Identification No. 39957520002 I_ Aion1.1MIV_l% PROPERTY IDENTIFICATION NUMBER: 39957520002 LEGAL DESCRIPTION: THE WEST 150 FEET OF TRACT 63, UNIT 65, GOLDEN GATE ESTATES, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 88 IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2.27 acres a 12. Packet Pg. 767 Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 Updated Novem 26.A.12 Property Name Size (ac) Estimated Value Appraised Value Category Priority for "A" Category Acquisition Status Dr. Robert H. Gore III Preserve Project 2.73 $14,800 $25,000 Charles E Bailey 1.14 $14,800 $25,000 A 1 Purchase Agreement approved by BC on 9-13-2022; pending closing Carol Rudnick - Donation 1.59 Closed 6-30-22 HHH Ranch (Hussey Section 33) 256.00 $1,262,000 $2,072,500 A 1 Closed 11-14-22 Marco Island Parcel - WISC Investment %Cathe Read - Inlet Dr 0.39 237' 800.00 419' 000.00 A 1 Purchase Agreement scheduled for BC 12-13-22 Parcels near Panther Walk Preserve 33.45 $589,000 $895,000 Maribeth Selvig - Donation 1.14 $0 A 1 Closed 9-26-22 Lois Behnke 1.14 $33,000 $57 000 A 1 Purchase Agreement approved b BCC on 9-13-2022; pending closir Jorge Aguilar 1.14 $33,000 $40,000 A 1 David Wright 1.14 $33,000 $30,000 A 1 D & J Investors 1.141 $33,000 $40,000 A 1 David Joyce 2.27 $56,750 $52,000 A 1 PS & NE Sanchez 2.73 $68,250 $63,000 A 1 William F Thommen 5.00 $75,000 $100,0001 A 1 Sandra Burns 1.14 $33,000 $30,000 A 1 Tim R Johnson 1.14 $33,000 $30,000 A 1 Virginia Meyer Trust 1.59 $33,000 $72,000 A 1 John Pena 2.27 $56,750 $52,000 A 1 Henrietta Arnay 1.14 $30,000 A 3 Berardo Ortega 1.14 $30,000 A 3 Joseph Zhuang 2.73 $63,000 A 3 Isabel Gonzalez 1.14 $33,000 $50,000 A 1 Purchase Agreement approved b BCC on 10-11-2022; pending closi Barry Grossman 2.73 $68,250 $63,000 A 1 Three Brothers 2.73 $63,000 A 1 3 j Offer made Vanette Arnold 1.14 $30,000 A 3 Offer made Rivers Road Preserve Project 24.181 $1,320,200 $810,000 Shari Eschuk 4.78 $292,000 $180,000 A 1 Offer made Joe Popp 19.40 $1,028,200 $630,000 A 1 Closed 9-26-22 Pepper Ranch Preserve Project 84.29 $657,362 $725,000 Brian Blocker 24.50 $191,000 $220,000 A 2 Offer accepted 11-16-2022 Jim H Moody Crawford 5.46 $42,588 $505,000 A 2 Purchase Agreement approved by BC on 7 2 2022; pending closing Jim H Moody Crawford 42.90 $334,620 A 2 Jim H Moody Crawford 11.43 $89,154 A 2 A -LIST SUBTOTAL 401.04 $4,081,162 $4,946,500 Red Maple Swamp (NGGE Unit 53) Multi- parcel Project (remaining)26.6 88.23 $1,102,875 $1 102 875 A 1 acres totalling $359K Winchester Head Multi -parcel Project (remaining) 63.28 $1,044,120 $1,044,120 A 1 11.6 acres totaling $271 K Multi -Parcel Projects Total* 151.51 $2,146,995 $2,146,995 Total includes all parcels within bo project areas Multi -Parcel Projects Total for Acquisition Cycle 10* 38.20 n/a $630 000 Total includes only parcels acquirE and in process of closing m d r E E 0 0 Q c 0 A v Q c c� J ti N Packet Pg. 768 Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 Updated Novem 26.A.12 Estimated Appraised Priority Property Name Size (ac) Value Value Category for "A" Acquisition Status N Category N . Robert H. Gore III Preserve area - 157.08 $1,884,960 $2 717 484 ' A eserve expansion parcels" nther Walk Preserve area - Preserve 39.75 $1,150,643 $1 029 525 ' A pansion parcels" Preserve expansion parcels Total 196.83 $3,035,603 $3,747,009 Preserve expansion parcels Total for Acquisition Cycle 10 38.20 n/a $785,000 A -LIST TOTAL CYCLE 10 Colina - Marco Island ion & Bethune Rd Parcels (Barron Partnership) B-LIST TOTAL CYCLE 10 477.441 $4,081,162 1 $6,361,500 0.631 $1,427,000 1 $1,515,000 1 B 370.001 $3,900,000 370.631 $5,327,000 1 $1,515,000 B V r` 3 Offer letters sent 9-23-22; 8 parcels totalling 16.4 ac. accepted offer $351,0 -0 E 3 Offer letters sent 9-22-22; 5 parcels Q totalling 10 ac. accepted offer - $280,91 a� a� r Total includes all expansion parce in both preserve areas E 0 C) Total includes only parcels whosE ::, owners indicated interest to sell `o Total acreage and total appraised include Multi -Parcel Project and Pr Expansion parcels acquired and in p 0 of closing N as OFFER WILL BE MADE IF RE -RANKED TC Q LIST WITH CYCLE 11A C R J Staff recommending for C-list in CyclE ti 11A r N N N O Total appraised value exludes N Sanitation and Bethune Rd. parecl; N c A & B LIST TOTAL CYCLE 10 809.87 $9,408,162 $7,876,500 Total appraised value exludes Sanitation and Bethune Rd parecl, i s NO LONGER INTERESTED Big Hammock - Area I (Barron Collier 257.3 $3,683,800 $900,000 A 1 Offer not accepted 11-3-22 Partnership) C Big Hammock - Area II (Barron Collier 744.2 $1,116,300 $805,000 B Owner no longer interested 11-3-22 Partnership) — Marco Island Parcel - Addison Fischer 0.63 $384,200 A I Owner no longer interested 2-28-2 c e Bayshore Parcels Forrest G Amaranth 71.16 $1,419,000 A 1 E Owner no longer interested 2-16-2 S Trust Parcel near Shell Island Preserve Josef 18.73 $1,180,000 A 2 Owner no longer interested 2-7-2 Ma dalener 0 Owner no longer interested 2-18 Pepper Ranch Project Emily Arnold 5.00 $39,000 A 2 2022 i Rivers Road Preserve Project -Eugene 4.92 $300,000 $200,000 A t Appraisal obtained, offer declines i Erjavec � • 2 Packet Pg. 769 Conservation Collier Cycle 10 Active Acquisition List approved by BCC January 25, 2022 Updated Novem 26.A.12 Property Name Size (ac) Estimated Value Appraised Value Category Priority for "A" Category Acquisition Status Parcels near Panther Walk Preserve Veronica Haughton 2.73 $68,250 A 1 Sold Paul E Moylan 2.73 $68,250 $63,000 A 1 Offer not accepted Charles Hackman 2.73 $68,250 $70,000 A 1 Offer not accepted Charles Anderson 2.27 $56,750 $64,000 A 1 Offer not accepted Kathleen Macrina j 1.14 $33,000 A j 1 j Sold to another Charles Anderson 1 1.14 $33,0001 A I 1 I Sold to another Dr. Robert H. Core III Preserve Project Kenneth Cedeno 2.81 $36,500 $56,000 A 1 Offer not accepted EugeneD'Angelo 5.00 $59,000 $100,000 A 1 Offer not accepted Lorraine D Argay 7.05 $83,200 $81,000 A 3 Offer not accepted NO LONGER INTERESTEDTOTAL 1,129.54 $8,628,500 Rookery Bay Business Park (near Shell Island) 40.88 S11,242,000 C WISC Investment %Cathe Read - Dade Ct 0.50 $305,000 C C-LIST TOTAL 41.38 $11,547,000 FY22 Budget for Acquisition Cycle 10 is $14,065,100; On January 25, 2022 the BCC voted to consider deferring repayment of approximately $3.5 million to the maintenace fund (174) depending on results of appraisals and due diligence for the A & B-list properties. After appraisals and due diligence information is presented to the BCC they will decide on whether to spend over $14,065,100 for Land Capital Outlay. Note: a "Preserve Project" is an expansion of an existing Conservation Collier Preserve; where noted as "Parcels near" a preserve, the parcels are not adjacent to the preserve; all other properties noted are named based on location. N N 0 N ti `m E aD 0 m Packet Pg. 770 26.A.13 co ,e-r COUHty Public Services Division N Parks & Recreation N Conservation Collier Program i BIANNUAL CYCLE TIMELINE 2022-2024 As of July 12, 2022, the Conservation Collier Program now has "rolling" deadlines. For properties in Target Protection Mailing Areas (the property owner received a letter) the property may be considered at the next ranking.** Cycle 11A —December 13, con+der 2022 BCC Ranking 1. June 21, 2022 - Application Deadline 2. July 6, 2022 — ISC's and ICSR's to CCLAAC 3. August 3, 2022 — Remaining ICSR's to CCLAAC and CCLAAC Ranking 4. August 25, 2022 - meeting with Departments & Divisions cle 11 B — January or Februry eGe fl e--2022 BCC Ranking 1. September 20, 2022 - Application Deadline 2. September 7, 2002, October 5, (canceled), and November — ISC's and ICSR's to CCLAAC 3 November- 2022 — Remaining ICSR's to CCLAAC and CCLAAC Ranking 4. January October 2022 (date TBD) — meeting with Departments & Divisions Cycle 12A — September 26, 2023 BCC Ranking 1. April 24 , 2023 - Application Deadline 2. January 4, 2023- June 7, 2023 — ISC's and ICSR's to CCLAAC 3. June 2023 (date TBD) — meeting with Departments & Divisions 4. July 12, 2023 —CCLAAC Ranking Cycle 12B — March 26, 2024 BCC Ranking 1. November 27, 2023 —Application Deadline 2. September 6, 2023 — January 3, 2023 ISC's and ICSR's to CCLAAC 3. January 2024 (date TBD) — meeting with Departments & Divisions 4. February 7, 2024 CCLAAC Ranking *All dates are Proposed and subject to final approval by the County Manager's Office and Board of County Commissioners. Packet Pg. 771 26.A.13 co ,e-r COUHty Public Services Division N Parks & Recreation N Conservation Collier Program i E 'Properties outside of Target Protection Mailing Areas that are larger than 50 acres may take more than one quarter for review, especially when a property is seasonally o wet. Such properties need to be evaluated during the wet and dry seasons. CCLAAC — Conservation Collier Land Acquisition Advisory Committee E ISC — Initial Screening Criteria: Initial review by the CCLAAC based on specific criteria G U in the Conservation Collier Ordinance. CCLAAC determines if property moves forward i>-, to ICSR. ICSR — Initial Criteria Screening Report: includes initial criteria satisfied, will include boundary and location maps for each site, descriptions of the biological and hydrological characteristics, a summary of its potential for appropriate use, development potential of the site and adjacent land, an assessment of the management needs and costs, the assessed and estimated value. Packet Pg. 772 v-ti'v AN ORDINANCE OF THE BOARD OF COUNTY N 1�qu%, - 014 F ORIDA,COMMISSIO ESTABLISHING AN COLLIERNERS OF EXCEPTIONAL BENEFITS PROCESS AND PROCEDURE, PROVIDING FOR A SHORT TITLE, INTENT, APPLICABILITY, AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROTECTION OF THE CONSERVATION COLLIER LANDS; PROVIDING FOR EXCEPTIONAL BENEFITS COMPENSATION FOR ANY CONVEYANCE OF AN INTEREST IN CONSERVATION COLLIER LANDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Conservation Collier Ordinance 2002-63 on December 3, 2002 pursuant to a referendum to acquire, protect, restore and manage environmentally sensitive lands in Collier County; and WHEREAS, the Board of County Commissioners has acquired over 400 acres of land for long-term conservation using these funds; and WHEREAS, the Board of County Commissioners has previously determined that the public interest is best served by these lands being preserved and managed as preserves or for conservation forever, and that the best means of ensuring permanent preservation is to provide multiple layers of protection for conservation lands through third party. conservation easements, deed restrictions, and shared title; and WHEREAS, the Board of County Commissioners has determined that the public interest may be served in certain circumstances by allowing portions of lands acquired through the Conservation Collier Program (Program) to be dedicated to other public uses" when such dedication results in an exceptional benefit to the Program; and WHEREAS, the Board of County Commissioners has determined that an exceptional benefit to the Program can only be ensured by requiring that all conveyances of an interest in Program Lands be offset by: 1) the acquisition and transfer of lands into the Program and the permanent preservation of higher quality environmentally sensitive lands, greenways or open space or water resource lands of greater acreage or more suitable location than the interest in conservation lands conveyed, 2) payment, or 3) a combination thereof; and WHEREAS, the Board of County Commissioners has determined that it is desirable to establish a public process and procedure for approving Other -use Dedication(s) of Program Lands when such dedication(s) is necessary to the public interest and results in an exceptional benefit to the Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. SHORT TITLE, INTENT, APPLICABILITY, AUTHORITY: 1.01 This Ordinance shall be known as the "Conservation Collier Exceptional Benefits Ordinance." N N O N E 0 1.02 It is the intent of this Ordinance to recognize that while the public interest is best served when the Program Lands as defined in '1 Al -_'- -11----- I ._ __--- -- -- . -----.. . _ . l l 1.03 It is the intent of this Ordinance to recognize that Other -use Dedications of portions of Program Lands that fail to result in an exceptional benefit to the Program as defined in subsection 2.04 are not in the public interest and shall be prohibited. 1.04 It is the intent of this Ordinance to provide a process and N procedure whereby the Conservation Collier Land Acquisition N Advisory Committee (CCLAAC) can evaluate and make a recommendation at a publicly -noticed meeting to the Board of County Commissioners as to whether Other -use Dedications of E portions of Conservation Collier Lands provide an exceptional benefit to the Program. 1.05 The provisions of this Ordinance apply to the Conservation Collier Lands as defined in subsection 2.01. 1.06 It is the intent of the Board of County Commissioners that this Ordinance be construed to ensure the long-term protection and preservation of Conservation Collier Lands through the application of the criteria contained herein. 1.07 This Ordinance is adopted under the authority of Chapter 125, Florida Statutes. The County Manager, or his designee, shall administer this Ordinance. Section 2. DEFINITIONS: 2.01 Program Lands are those lands acquired in whole or in part from funds obtained from the Conservation Collier Trust Fund as allowed by Ordinance No. 2002-63, as amended, as well as lands donated to the Conservation Collier Program. 2.02 Dedications (Other -use Dedications) means: 1) a conveyance of fee simple interest of Program Lands or an easement interest in Program Lands to an entity other than Collier County or 2) a change of the primary use of the Program Lands from conservation and preservation to some other use which benefits the public so long as fee simple interest remains in favor of Collier County. 2.03 Interest in Program Lands means a fee simple interest, easement, right-of-way, or a formal declaration of a use not initially intended for the property acquired as conservation lands. Uses not initially intended include, but are not limited to, utility systems and facilities and roadways. 2.04 Exceptional Benefit to the Program means that the proposed Other -use Dedications of portions of Conservation Collier Lands is consistent with the goals, objectives and policies of the program and is offset by the transfer into the Program of funds, land, or a combination thereof that results in a greater value or acreage for the Program. Section 3. PROTECTION OF THE CONSERVATION COLLIER LANDS: 3.01 A governmental entity, including the County acting through one of ;to llAnArtrA Pinto mou ranlrae4 on Tr.+nr + — D.____ T __An U.. wiiu will Cvaivaic allu llrWHI1111G III a Fuvxl%; iviuui whether a potential Other -use Dedication of portions of Conservation Collier Lands provides an Exceptional Benefit to the Program prior to any disposition of Program Lands. 3.03 The Petition Form shall: A. State the public purpose for which the Other -use Dedication is being requested. B. Provide a history and discussion of the alternatives to requesting the specific interest in Program Lands and demonstrate with supporting documentation as to why other alternatives are not acceptable. C. Demonstrate with supporting documentation that the requested Other -use Dedications of portions of Program Lands takes the minimum acreage and, to the maximum extent possible, minimizes deleterious intrusion, preserves higher quality or acreage of lands than those sought if a land exchange is being offered, impacts the lowest quality habitat, and avoids habitat fragmentation, noise and light pollution that would adversely affect the adjacent remaining Program Lands. D. Demonstrate with supporting documentation a substantial public need for the particular interest in Program Lands requested, why there are no acceptable alternatives to meet the need, why the competing public use must occur at that location, and how the Other -use Dedications of portions of Program Lands will be offset to ensure an Exceptional Benefit to the Program. E. Demonstrate how the Other -use Dedications of portions of Program Lands will not adversely affect any State or Federally listed species. F. Demonstrate that the proposed compensation meets the goals and purposes of the Program and provides an Exceptional Benefit to the Program. G. Include the current value of the land to be acquired as provided for in Section 4.02. 3.04 Prior to any action by the Board of County Commissioners regarding the Other -use Dedications of portions of Program Lands, the CCLAAC, or its successor(s), shall review and prepare findings and recommendations on the proposed compensation pursuant to Section 4 of this Ordinance to determine: 1) whether any substitute lands offered meet the criteria for acquisition under Ordinance 2002-63, as amended, Section 10; 2) whether the substitute lands offered meet the purposes for which the affected Program Lands were initially acquired; and 3) whether the proposed compensation pursuant to Section 4 provides an Exceptional Benefit to the Program. The CCLAAC shall make its findings and recommendations no later than 90 calendar days after receipt of the petition by the County Manager or his designee. If the affected Program Lands are within municipal boundaries, the petition for conveyance of an interest in Program Lands shall be submitted for review by that municipality. The municipality shall have 90 calendar days from receipt of the request by its mayor or manager to provide comments and recommendations to County Manager or his designee, who shall provide copies of the comments and recommendations received from CCLAAC and the applicable municipality to the Board of County Commissioners at the nublic hearinor w}1P.rP tHP nPlitinn fhr 0fh,-r_»ep _f N N 0 N 4) 0 4) 0 3.06 To recommend approval of the petition, the CCLAAC must determine that: A. There is a substantial public need for the Other -use Dedications of portions of Program Lands; and B. There is no viable or reasonable alternative to meet the need other than the use of Program Lands; and N C. That the requested Other -use Dedications of portions of o Program Lands is the minimum acreage necessary and, to the N maximum extent possible, preserves higher quality or quantity lands than those sought if a land trade is being offered, impacts E the lowest quality habitat, and avoids habitat fragmentation, noise, and light pollution to the adjacent remaining Program o Lands; and ' D. That the proposed compensation meets the goals and purposes of the Program for acquisition and is sufficient to ensure that E the proposed conveyance will result in an Exceptional Benefit o to the Program; and E. That the proposed conveyance of an interest in and use of o Program Lands does not adversely affect any State or Federally An listed species; and a F. That the findings in this subsection A. through E. are expressly c set forth along with the written commitment providing for y compensation. s 3.07 If CCLAAC finds that the Petition fails to meet any of the requirements of Section 3.06 of this Ordinance, the CCLAAC shall J recommend that the Board of County Commissioners disapprove the petition. 3.08 The Petition shall be brought to the Board of County Commissioners at a publicly -noticed meeting in order to review and consider the recommendation of the CCLAAC and to determine whether the criteria set forth in subsection 3.06, A-E of this Ordinance has been met. An affirmative finding as to each criterion is necessary for the Board of County Commissioners to approve any Petition. 3.09 An affirmative vote of four -fifths of the full membership of the Board of County Commissioners shall authorize an appropriate conveyance of an interest in, or easement over, or declaration of other public use, on lands held for the Program. Section 4. COMPENSATION FOR INTERESTS IN PROGRAM LANDS: 4.01 In order to ensure that the conveyance of an interest in Program Lands results in an Exceptional Benefit to the Program, the proposed conveyance must be offset by the acquisition and transfer into the Program of land or payment of funds that satisfies the definition of an Exceptional Benefit as stated in subsection 2.04 of this Ordinance. 4.02 The value of the land to be acquired as compensation for the use of Program Lands shall exceed the current value of the Program Lands proposed for other use. The current value of the interest in Program Lands shall be determined by the purchase policy as set rrugrani. 4.03 Land or funds, or some combination of both, conveyed into the Program shall exceed 100% of the value of lands or interest in lands proposed for conveyance out of the Program. In valuing the interest of Program Lands, the value of any development rights originally purchased shall be included. 4.04 With exceptions as approved by the Board of County N Commissioners, if less than five (5) acres remain as Program N Lands; the entire parcel may be purchased. 4.05 Quality of habitat for land offered as compensation for L d E Environmentally Sensitive Lands as defined in Section 5.6 of Ordinance, No. 2002-63, as amended, also known as the o Conservation Collier Ordinance, shall be determined by the rarity ' and diversity of native ecosystems, function of the habitat in terms a� of its ability to support wildlife, adjacency to or connectivity E between exiting Program Lands, and the presence of State or o Federally listed species. If the affected Program Lands are not Environmentally Sensitive Lands, as defined in Section 5.6 of y Ordinance No. 2002-63, as amended, the land offered for compensation pursuant to Section 4 of this Ordinance shall satisfy a or exceed the purposes served by the conveyed Program Lands o according to the acquisition criteria in Section 10 of Ordinance No. y 2002-63, as amended. s 4.06 Compensation pursuant to this Section shall be provided at the time of Board approval of any Other -use Dedication or transfer of interest in Program Lands, 4.07 The party acquiring the interest in Program Lands shall be responsible for all associated costs, including but not limited to, costs of appraisals, environmental surveys, boundary surveys, documentary stamps, costs of recording, title commitments and title insurance. These costs are not deemed to be part of the Exceptional Benefit valuation. Section 5. EXEMPTIONS; The following circumstances shall be exempt from the foregoing process as set forth in Sections 3 and 4 of this Ordinance. 5.01 Conveyance of an interest in Program Lands where the affected Program Lands will benefit by providing public access where there was previously no reasonable public access. 5.02 Conveyance of an interest in Program Lands at the time of, and as part of, the acquisition process is exempt from this Ordinance. 5.03 Conveyance of a conservation easement to a government or a non- profit conservation organization for the purpose of permanent preservation is exempt from this Ordinance. Section 6. CONFLICT AND SEVERABILITY: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phase, or portion of the Ordinance is held invalid or unconstitutional by va�yaiItil14\.a.►7: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Section 8. EFFECTIVE DATE: The provisions of this Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this .� S day of N"ua 2006. Attest: DWIGHT E. BROCK, Clerk 4 Deputy Clerk Attest as to cha 1 ruan s s jo3n,ntijre and • Approved as to Form and Legal Sufficiency: Jennifer A. Belpedi Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman N N 0 N ti E This ordinance filed with the etaryaf State's Office the duy and acknow!edgai .r. f th of 26.A.16 Conservation Collier Initial Criteria Screening Report Frank / Hothersall Parcel Miles Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Size: 179.78 acres Staff Report Date: December 7, 2022 Total Score: 247/400 200 160 150 11 80 80 80 100 57 50 4� if] 3 o ■ I � I 1- Ecological 2 - Human 3 - 4- Value Value Restoration Vulnerability and Management ■ Awarded Points ❑ Possible Points Packet Pg. 779 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Table of Contents 26.A.16 Folio Number: 00451040004 Date: December 7,2022 Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcel Location Overview.........................................................................................................5 Figure2 - Parcel Close-up.........................................................................................................................6 2.1 Summary of Property Information....................................................................................................7 Table 1— Summary of Property Information.....................................................................................7 Figure 3 - Secondary Criteria Score....................................................................................................8 Table 2 - Secondary Criteria Score Summary.....................................................................................8 2.2 Summary of Assessed Value and Property Cost Estimates..............................................................9 Table 3. Assessed & Estimated Value................................................................................................9 2.2.1 Zoning, Growth Management and Conservation Overlays....................................................9 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10)...................................................... 10 3. Initial Screening Criteria......................................................................................................................12 3.1 Ecological Values............................................................................................................................. 12 3.1.1 Vegetative Communities....................................................................................................... 12 Table 4— Mapped Native Vegetative Communities................................................................ 12 Figure 4 - CLIP4 Priority Natural Communities........................................................................ 14 Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 15 Figure 6 — Middle trail through Pine Flatwoods...................................................................... 16 Figure 7 —North edge of property looking east....................................................................... 16 3.1.2 Wildlife Communities............................................................................................................ 17 Table 5 — Listed Wildlife Detected........................................................................................... 17 Figure 8 — Florida cottonmouth............................................................................................... 17 Figure 9 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................... 18 Figure 10 - CLIP4 Potential Habitat Richness........................................................................... 19 3.1.3 Water Resources................................................................................................................... 20 Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 21 Figure 12 - Collier County Soil Survey...................................................................................... 22 Figure 13 LIDAR Elevation Map............................................................................................... 23 3.1.4 Ecosystem Connectivity........................................................................................................ 24 Figure 14 - Conservation Lands............................................................................................... 24 2 N N O N ti `m E a� m a� E E 0 U 0 2 Q c 0 .3 a a c c� J ti r Packet Pg. 780 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 3.2 Human Values................................................................................................................................. 25 3.2.1 Recreation............................................................................................................................. 25 3.2.2 Accessibility........................................................................................................................... 25 Figure 15 — Picayune Strand State Forest Trail System........................................................... 25 Figure 16 — Picayune Strand State Forest Newman Dr. Parking Lot ........................................ 26 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 26 Figure 17 — View looking west from NW corner of property ................................................... 26 3.3 Restoration and Management....................................................................................................... 27 3.3.1 Vegetation Management...................................................................................................... 27 3.3.1.1 Invasive Vegetation..................................................................................................... 27 3.3.1.2 Prescribed Fire............................................................................................................ 27 3.3.2 Remediation and Site Security.............................................................................................. 27 3.3.3 Assistance.............................................................................................................................. 27 3.4 Vulnerability.................................................................................................................................... 27 3.4.1 Zoning and Land Use............................................................................................................. 27 Figure18 — Zoning Overlay...................................................................................................... 29 Figure 19 — Future Land Use................................................................................................... 30 3.4.2 Development Plans............................................................................................................... 31 4. Acquisition Considerations................................................................................................................... 31 Figure 20 - Small pole barn and other items within the SE portion of the property ............................ 31 Figure21 - Hunt camp debris................................................................................................................ 32 Figure 22 - Abandoned track vehicle..................................................................................................... 33 5. Management Needs and Costs..............................................................................................................34 Table 6 - Estimated Costs of Site Remediation, Improvements, and Management ............................. 34 6. Potential for Matching Funds.............................................................................................................. 34 7. Secondary Criteria Scoring Form......................................................................................................... 35 8. Additional Site Photos.........................................................................................................................41 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions ...................................... 48 APPENDIX 2 — FRANK PARCEL ECOLOGICAL ASSESSMENT FEASIBILITY/ZONING REVIEW — Earth Tech Environmental, LLC — December 2019....................................................................................................... 50 3 N N O N ti aD M E 0 U aD 0 a� E E 0 U L 0 Mn Q c 0 .3 a Q c CU J ti N Packet Pg. 781 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 1. Introduction 26.A.16 Folio Number: 00451040004 Date: December 7,2022 The Conservation Collier Program (Program) is an environmentally sensitive land acquisition and management program approved by the Collier County Board of County Commissioners (Board) in 2002 and by Collier County Voters in 2002 and 2006. The Program was active in acquisition between 2003 and 2011, under the terms of the referendum. Between 2011 and 2016, the Program was in management mode. In 2017, the Collier County Board reauthorized Conservation Collier to seek additional lands (2/14/17, Agenda Item 11B). On November 3, 2020, the Collier County electors approved the Conservation Collier Re-establishment referendum with a 76.5% majority. This Initial Criteria Screening Report (ICSR) has been prepared for the Conservation Collier Program in its 11th acquisition cycle (Quarter B) to meet requirements specified in the Conservation Collier Implementation Ordinance, 2002-63, as amended, and for purposes of the Conservation Collier Program. The sole purpose of this report is to provide objective data to demonstrate how properties meet the criteria defined by the ordinance. The following sections characterize the property location and assessed value, elaborate on the initial and secondary screening criteria scoring, and describe potential funding sources, appropriate use, site improvements, and estimated management costs. 4 N N O N ti L m E M U a) w Packet Pg. 782 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 2. Summary of Property Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 0 1 2 3 4 5 6 7 Miles DAVTgTMMRD FRANK JR - Conservation Collier Preserve Picayune Strand State Forest Other Conservation Areas Figure 1 - Parcel Location Overview CON ATION LLI€R Cofer County Packet Pg. 783 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 0 0.5 Miles DAVID EDWARD FRANK JR Picayune Strand State Forest Figure 2 - Porcel Close-up CoN ATt0N LLIER Co er Cototty 6 Packet Pg. 784 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 2.1 Summary of Property Information Table 1 — Summary of Property Information Folio Number: 00451040004 Date: December 7,2022 Characteristic Value Comments Name Frank / Hothersall David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number 00451040004 No site address Target Protection RFMUD Not within a Target Protection Mailing Area Area Size 179.78 acres Section, Township, and Range S6, Twn 50, R27 Agricultural - Rural Fringe Mixed Use District — Natural Zoning A-RFMUD-NRPA - Resource Protection Area — Sending Lands; Zoning allows 1 Category/TDRs Sending unit per 40 acres; 90% native vegetation preservation requirement 1% annual chance of shallow flooding, usually in the form FEMA Flood Map of a pond, with an average depth ranging from 1 to 3 feet. Category AH These areas have a 26% chance of flooding over the life of a 30-year mortgage. Pole barn; A small pole barn is located in the southern section of the abandoned hunt property and an old hunting camp consisting of an Existing structures camp; abandoned abandoned sheet metal building, windmill, bus, and AN bus were observed in the middle of the property Adjoining properties The parcel is surrounded on all sides by Picayune Strand and their Uses Preserve State Forest Development Plans Submitted None Large piles of downed trees that appear to be the result of Hurricane debris; hurricane Irma exist along the trails of the property, Known Property hunting camp especially the western boundary. Debris from an Irregularities debris; abandoned abandoned hunting camp exists in the middle of the track vehicle property. A large, abandoned track vehicle was observed on the western side of the property Other County Dept Interest None None N N O N ti `m E a� m Packet Pg. 785 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 Total Score: 247/400 180 160 160 140 120 116 100 80 80 80 80 57 60 43 40 31 20 0 1 - Ecological 2 - Human Value 3 - Restoration 4 - Vulnerability Value and Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score Table 2 - Secondary Criteria Score Summary Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1- Ecological Value 116 160 73% 1.1 - Vegetative Communities 40 53 75% 1.2 - Wildlife Communities 27 27 100% 1.3 - Water Resources 9 27 35% 1.4 - Ecosystem Connectivity 40 53 75% 2 - Human Values 43 80 54% 2.1 - Recreation 29 34 83% 2.2 - Accessibility 11 34 33% 2.3 - Aesthetics/Cultural Enhancement 3 11 25% 3 - Restoration and Management 57 80 71% 3.1 - Vegetation Management 32 55 58% 3.2 - Remediation and Site Security 23 23 100% 3.3 - Assistance 2 2 100% 4 - Vulnerability 31 80 39% 4.1 - Zoning and Land Use 24 58 42% 4.2 - Development Plans 7 22 30% Total 247 400 62% n. N N O N ti L as E as m 0 as a� E 0 U 0 a c 0 .3 a a c c� J ti r Packet Pg. 786 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcel was estimated using only one of the three traditional approaches to value, the sales comparison approach. It is based on the principal of substitution that an informed purchaser would pay no more for the rights in acquiring a particular real property than the cost of acquiring, without undue delay, an equally desirable one. Three properties were selected for comparison, each with similar site characteristics, utility availability, zoning classification and road access. No inspection was made of the property or comparables used in this report and the Real Estate Services Department staff relies upon information solely provided by program staff. The valuation conclusion is limited only by the reported assumptions and conditions that no other known or unknown adverse conditions exist. Possible access concerns or limits to uses within the property unknown at the time of estimation will be taken into consideration at time of appraisal. If the Board of County Commissioners chooses to acquire this property, appraisals by independent Real Estate Appraisers will be obtained at that time. Pursuant to the Conservation Collier Purchase Policy, two appraisals are required for the Frank/Hothersall parcel, which have an initial valuation greater than $500,000; 2 independent Real Estate Appraisers will value the subject property and the average of the two appraisal reports will determine the actual value of the subject property. Table 3. Assessed & Estimated Value Property owners Address Acreage Assessed Estimated Value* Value** David Frank, Jr., William Frank, Jr., and No address 179.78 $449,450 $537,000 Kimberlee Hothersall * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off the current use of the property. **The Estimated Market Value for the Frank/Hothersall parcel was obtained from the Collier County Real Estate Services Department in November 2022. 2.2.1 Zoning, Growth Management and Conservation Overlays Zoning, growth management and conservation overlays will affect the value of a parcel. The parcel is zoned Agricultural but is Sending Lands within the Rural Fringe Mixed Use District (RFMUD) and has a Natural Resource Protection Area Overlay. It has an allowable density of 1 unit per 40 acres with a 90% native preservation requirement. 0 N N O N ti as E a� as w Packet Pg. 787 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10) Criteria 1: Native Habitats Are any of the following unique and endangered plant communities found on the property? Order of preference as follows: YES i. Hardwood hammocks No ii. Xeric oak scrub No iii. Coastal strand No iv. Native beach No V. Xeric pine YES vi. Riverine Oak No vii. High marsh (saline) No viii. Tidal freshwater marsh No ix. Other native habitats YES Statement for Satisfaction of Criteria 1: The property contains Scrubby Flatwoods, Pine Flatwoods, Mesic Flatwoods, Cypress, Cypress -Pine -Cabbage Palm, Wet Prairie, and Cabbage Palm Criteria 2: Human Social Values Does land offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? YES Statement for Satisfaction of Criteria 2: The parcel is not visible from a public roadway; however, it is accessible to the public via the Picayune Strand State Forest trail system off Newman Dr. Criteria 3: Water Resources Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? YES Statement for Satisfaction of Criteria 3: The parcel contains hydric soils and wetland vegetation communities. It holds water during the wet season. 10 Packet Pg. 788 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 Criteria 4: Biological and Ecological Value Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? YES Statement for Satisfaction of Criteria 4: The parcel is surrounded by Picayune Strand State N N Forest. Staff from Earth Tech Environmental, LLC observed foraging red -cockaded woodpeckers r- and a bald eagle within the parcel in 2019. Multiple Florida panther telemetry points have been L noted in and around the parcel, and the Picayune Strand State Forest gopher tortoise relocation site is just to the north. The parcel is also within the USFWS Bonneted bat focal area and the c core foraging area of one wood stork colony. Criteria 5: Enhancement of Current Conservation Lands Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? YES Is this property within the boundary of another agency's acquisition project? YES Statement for Satisfaction of Criteria 5: The parcel is directly adjacent to Picayune Strand State Forest on all 4 sides, and it is within the Belle Meade Florida Forever Project Area boundary. 11 Packet Pg. 789 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 3. Initial Screening Criteria 3.1 Ecological Values Folio Number: 00451040004 Date: December 7,2022 3.1.1 Vegetative Communities The parcel is mapped as Mesic Flatwoods, Rural Open Pine, Strand Swamp, and Wet Flatwoods; however, staff observed Scrubby Flatwoods, Cypress, Hydric Pine Flatwoods, Mesic Flatwoods, Pine Flatwoods, Wet Prairie, and Cabbage Palm Exotic plants are present at a total estimated density of 65%. Cypress and Cypress/Pine/Cabbage Palm community are more heavily infested than other areas of the property. Primary invasive plants observed were melaleuca (Melaleuca quinquenervia), earleaf acacia (Acacia auriculiformis), and downy rosemyrtle (Rhodomyrtus tomentosa). Other exotic plants present include Brazilian pepper (Schinus terebinthifolia), torpedograss (Panicum repens), cogongrass (Imperata cylindrica), Caesarweed (Urena lobata), shrubby false buttonweed (Spermacoce verticillata), and air potato (Dioscorea bulbifera) The state endangered cardinal airplant (Tillandsia fasciculata) was observed within the parcel. Table 4 — Mapped Native Vegetative Communities Community Approx.Acreage Description Middle of property and NW corner — cabbage palm (Saba) palmetto) canopy and midstory; occasional myrsine (Myrsine Cabbage Palm 10.7 cubana) and American beautyberry (Callicarpa americana) in midstory; bahia grass (Paspalum notatum) groundcover SE corner of property - Cypress (Taxodium distichum) canopy with melaleuca midstory; yellow -eyed grasses (Xyris spp.) and Cypress 6.0 blue maidencane (Amphicarpum muehlenbergianum) in ground cover Primarily in southern portions of property — Cypress, slash pine Cypress/Pine/Cabbage (Pinus elliottii), Cabbage Palm and scattered melaleuca in Palm 42.1 canopy; primarily melaleuca in midstory with some myrsine and cabbage palm Within eastern and western portions of the property - Slash pine and Hydric Pine Flatwoods 37.1 melaleuca canopy; melaleuca understory with some saw palmetto (Serenoa repens); wire grass (Aristida stricta), yelloweyed grasses, broom -sedge (Andropogon sp.) and torpedo grass in ground cover Northwestern portion of the property - Slash pine dominant canopy tree with occasional cabbage palm, melaleuca and earleaf acacia; Mesic Flatwoods 20.1 saw palmetto and myrsine dominant in understory with some galberry (Ilex glabra); melaleuca, earleaf acacia, and downy- rosemyrtle throughout Within the middle east of the property - Slash pine canopy with Pine Flatwoods 32.4 occasional cabbage palm; saw palmetto understory with occasional myrsine and American beautyberry; wiregrass ground cover — downy rosemyrtle and earleaf acacia present throughout 12 N N 0 N ti L d E a� as Packet Pg. 790 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 Found in the SW and NE portions of the property - Sparse slash pine canopy; saw palmetto, galberry, rusty lyonia (Lyonia fruticosa), Scrubby Flatwoods 26.9 winged -sumac (Rhus copallinum) American beautyberry mid -story; wild pennyroyal (Piloblephis rigida) and wiregrass groundcover; dodder vine (Cuscuta sp.) also present Wet Prairie 2.9 Previously cleared area in the SE corner of the property that consists of multiple sedges, yellow -eyed grasses and blue maidencane 3 small ponds were observed within the property 2 in the SE corner Pond 0.4 and 1 towards the middle. Another pond appears to exist towards the NE section of the property Disturbed 2.3 Cleared filled trail within SE portion of property. No canopy or midstory; bahia grass groundcover 13 N N 0 N ti L m E a� m Packet Pg. 791 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 0 0.55 Miles DAVID EDWARD FRANK JR CLIP4 Priority Natural Communities Priority 1 (highest) Priority 2 Priority 3 Priority 4 ,e Figure 4 - CLIP4 Priority Noturol Communities CON Ei2 ATION LCIER Ca er Couxty 14 N N O N ti L CD M I_ W V CD 0 Packet Pg. 792 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 0 0.5 Miles DAVID EDWARD FRANK JR Land Cover Mesic Flatwoods Rural Open Pine Strand Swamp M Wet Flatwoods Figure 5 - Florida Cooperative Land Cover Classification System CON Ei2yAT I O N C� LLIER Ca er Couxty 15 N N O N ti L CD M E M V CD 0 Packet Pg. 793 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Figure 6 — Middle trail through Pine Flatwoods Figure 7—North edge of property looking east Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 16 Packet Pg. 794 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 3.1.2 Wildlife Communities The parcel is surrounded by Picayune Strand State Forest. Staff from Earth Tech Environmental, LLC observed foraging red -cockaded woodpeckers (Picoides borealis) (RCW) and a bald eagle (Haliaeetus leucocephalus) within the parcel in 2019. There are four (4) mapped RCW cavity tree clusters surrounding the Subject Property to the south, west, and northeast {Figure 8). The property falls within the core foraging area (half mile radius) of 4 mapped RCW cavity tree clusters surrounding it to the south, west, and northeast. There is also a documented bald eagle nest (ID C0015) just NE of the property boundary. Multiple Florida panther (Puma concolor coryi) telemetry points have been noted in and around the parcel, and the Picayune Strand State Forest gopher tortoise (Gopherus polyphemus) relocation site is just to the north. The parcel is also within the USFWS Florida bonneted bat (Eumops floridanus) focal area and the core foraging area of one wood stork (Mycteria americana) colony. Staff observed a white-tailed deer (Odocoileus virginianus), a Florida cottonmouth snake (Agkistrodon conanti), and large amounts of Florida black bear (Ursus americanus floridanus) scat throughout the property during the site visit. Table S — Listed Wildlife Detected Common Name Scientific Name State Status Federal Status Mode of Detection Florida panther Puma concolor Endangered Endangered Telemetry points coryi Red -cockaded woodpecker Picoides borealis Endangered Endangered 2019 observation Figure 8 — Florida cottonmouth 17 N N O N ti as E as CD 0 Packet Pg. 795 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 0 A ° 0 A 0 A A A � g A A A 71, Miles DAVID EDWARD FRANK JR (� Bald Eagle Nests Florida Panther Mortality 0 Florida Panther Telemetry 0 Black Bear Telemetry Figure 9 - Wildlife Spotiol Data (i.e., telemetry, roosts, etc) .AI 26.A.16 Folio Number: 00451040004 Date: December 7,2022 0 0 CONWWATION LLIER Co er Couhty 18 Packet Pg. 796 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 0 0.55 Miles = DAVID EDWARD FRANK JR VALUE 1 species 2-4 species 5-6 species 7 species 8-13 species Figure 10 - CLIP4 Potential Habitat Richness CON -E R. ATION ttIER Ca er Couxty 19 N N O N ti L CD M E W V CD 0 Packet Pg. 797 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 3.1.3 Water Resources 26.A.16 Folio Number: 00451040004 Date: December 7,2022 The parcel significantly protects water resources. It comprised of a majority of wetland plant communities, holds significant amounts of water during the rainy season, and provides important habitat for many wetland dependent species. Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Soils mapped on this parcel are 68% hydric. Mapped hydric soils include "Boca, Riviera, Limestone Substratum and Copeland Fine Sand, Depressional" (a very poorly drained soil associated with depressions, cypress swamps, and marshes), "Holopaw Fine Sand, Limestone Substratum" (a nearly level, poorly drained soil associated with sloughs and broad, poorly defined drainageways), and " Pineda Fine Sand, Limestone Substratum" (a poorly drained soil associated with sloughs and poorly defined drainageways). Non- hydric soils include "Boca Fine Sand" and "Oldsmar Fine Sand, Limestone Substratum". Both these soils are nearly level, poorly drained soils associated with flatwoods. 20 N N 0 N ti L as E a� as w Packet Pg. 798 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 0 0.6 Miles DAVID EDWARD FRANK JR Wellfield Protection Zones 1-YEAR 2-YEAR 5-YEAR 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST M Priority 2 - Priority 3 Priority 4 [ Priority 5 [ Priority 6 Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones 1 Co�er Couxty N N O N ti L d E d d c 21 Packet Pg. 799 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 0 0.5 Miles DAVID EDWARD FRANK JR Soil Type BOCA FINE SAND BOCA, RIVIERA, LIMESTONE - SUBSTRATUM AND COPELAND FS, DEPRESSIONAL HOLOPAW FINE SAND, LIMESTONE SUBSTRATUM OLDSMAR FINE SAND, LIMESTONE SUBSTRATUM PINEDA FINE SAND, LIMESTONE SUBSTRATUM Figure 12 - Collier County Soil Survey CON Ei2yAT I O N LLIER Ca er Couxty 22 Packet Pg. 800 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 0 0.5 Miles DAVID EDWARD FRANK JR LIDAR Value High : 104.644 Low: -4.11745 1 Figure 13 LIDAR Elevation Mop CONUMATION LLIER Co er County 23 N N O N ti L d E V d Packet Pg. 801 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 3.1.4 Ecosystem Connectivity This parcel is surrounded by Picayune Strand State Preserve on all 4 sides — connected through adjoining preserve lands to Florida Panther NWR, Fakahatchee Strand Preserve State Park, Collier Seminole State Park, the 10,000 NWR, and Rookery Bay NERR. This parcel is an important ecological link for the RCW, Florida panther, and Florida black bear. 7 o � J J m 7 111 J o 0 Tg2ji Rookery Bay NERR I R� I Florida Panther NWR 1-75 Picayune Strand State Forest L_ J=F-6callier-Sernincle 10,000 State Park I —da NVIR 0 1 2 3 4 5 6 7 8 9 10 11 12 Miles _ DAVID EDWARD FRANK JR - Conservation Collier Preserve Managed Conservation Areas r Other Conservation Areas Figure 14 - Conservation Lands Fakahatchee Strand Preserve State Park CON ATION LL1ER Cr0 BP COHrity - N N O N ti L d V d E O U 0 Q O 2 v a C J ti N 24 Packet Pg. 802 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 26.A.16 Folio Number: 00451040004 Date: December 7,2022 3.2 Human Values 3.2.1 Recreation This parcel could provide year-round access for a variety of recreational activities including hunting equestrian, cycling, fishing, hiking, and camping. 3.2.2 Accessibility The parcel is accessible via the Picayune Strand State Forest yellow and blue trails (Figure 15). The property is located approximately 0.6 miles east of the Picayune trailhead and parking area off Newman Dr. and could easily be incorporated into the Picayune trail system. Ticayune StrandState'Forest �ra�zaC;�1�p Frank/Hothersall Parcel 1.fi8 M, 311 O m 1.63 M- 9544 3 n o3 4ge * nm 7.78 M. Al. 0.61 M. OSM1 0�90 �� o p 0 y alnl F�Im A DISCLAIMER This m ap is the pr.duct of the Florid. Forest Service. No --r d Oesare provided for data therein. i[ use, wits interpretation. 2 M. Figure 15 — Picayune Strand State Forest Troil System 0 05 1 PAiles Berson Legend 7rau?iead Restrooms Equestnan 7fiking ® Office Q Camping 2i:cnicArea office to SabarTaCm SagafTd6m BCue Grad— green Trait orange 7rad 7elrow 7rad rForest a2aads State 'Forest 25 N N 0 N ti L d E m as c as E E 0 U 0 T Q Q C t4 J ti T N Packet Pg. 803 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Figure 16 — Picayune Strand State Forest Newman Dr. Parking Lot Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 3.2.3 Aesthetic/Cultural Enhancement The property contains large, mature slash pines and scenic vistas that enhance the aesthetics of Collier County. Figure 17 — View looking west from NW corner of property 26 Packet Pg. 804 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 3.3 Restoration and Management 3.3.1 Vegetation Management 3.3.1.1 Invasive Vegetation 26.A.16 Folio Number: 00451040004 Date: December 7,2022 Exotic plants are present at a total estimated density of 65%. Cypress and Cypress/Pine/Cabbage Palm communities are more heavily infested than other areas of the property, but exotics are present throughout. Primary invasive plants observed were melaleuca, earleaf acacia, and downy rosemyrtle. Other exotic plants present include Brazilian pepper, torpedograss, cogongrass, Caesarweed, shrubby false buttonweed, and air potato. 3.3.1.2 Prescribed Fire A wildfire burned through approximately half of the property in 2007. No additional burns appear to have taken place since. Prescribed fire would be an important management tool for this property. Staff would work with the Florida Forest Service (FFS) to ensure coordinated fire management. 3.3.2 Remediation and Site Security No site security issues appear to exist within the parcel. An abandoned hunt camp within the middle of the property, a large, abandoned track vehicle along the western side of the property, large horticultural debris piles throughout the property, and a small pole barn and other items within the SE portion of the property will need to be removed. 3.3.3 Assistance Prescribed fire assistance from the FFS and other agencies is anticipated. Staff would also seek to incorporate the property into the Picayune Strand Wildlife Management Area in order to facilitate hunting and coordinate RCW management. Staff would also pursue funding assistance through the FWC Invasive Plant Management Section to offset exotic plant control costs. 3.4 Vulnerability 3.4.1 Zoning and Land Use The parcel is zoned Agricultural but is Sending Lands within the Rural Fringe Mixed Use District (RFMUD) and has a Natural Resource Protection Area Overlay. It has an allowable density of 1 unit per 40 acres with a 90% native preservation requirement. LDC section 2.03.08.A provide the description of Sending Lands: RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. LDC section 2.03.08.B provide the description of NRPAs: The purpose and intent of the Natural Resource Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered species by directing incompatible land uses 27 N N O N ti `m as w Packet Pg. 805 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 away from their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRPAs may include major wetland systems and regional flow -ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, N allowable land uses, vegetation preservation standards, development standards, and listed N species protection criteria within NRPAs set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall to be applicable in addition to a`) .0 E any standards that apply tin the underlying zoning district. c 28 Packet Pg. 806 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 T0 0.6 Miles DAVID EDWARD FRANK JR Zoning Overlay RFMUO-NRPA-SENDING Figure 18 — Zoning Overlay 11a ca ., C,....ty CON ATION LLIER 29 N N O N ti L d E V d Packet Pg. 807 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 0 0.6 Miles DAVID EDWARD FRANK JR Future Land Use Agricultural / Rural Designation RF-Sending Figure 19 — Future Land Use CONIfiWATION LLIER Co tier -- �ft CoT.}nty 30 N N O N ti L d E V d Packet Pg. 808 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 3.4.2 Development Plans The parcel is not currently planned for development. Folio Number: 00451040004 Date: December 7,2022 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the review of this property. The following items may not have significantly affected the scoring but are worth noting. Staff recommends that debris associated with an abandoned hunt camp within the middle of the property; a large, abandoned track vehicle along the western side of the property; large horticultural debris piles throughout the property; and a small pole barn and other items within the SE portion of the property be removed as a condition of sale. Additionally, staff recommends that a Phase 1 Environmental Assessment be conducted on the property prior to purchase. Figure 20 - Small pole barn and other items within the SE portion of the property N N O N ti as E a� as 31 Packet Pg. 809 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Figure 21 - Hunt camp debris Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 32 Packet Pg. 810 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Figure 22 - Abandoned track vehicle Figure 23 - Horticultural debris piles on right side of photo Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 33 Packet Pg. 811 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 5. Management Needs and Costs Table 6 - Estimated Costs of Site Remediation, Improvements, and Management Folio Number: 00451040004 Date: December 7,2022 Management Initial Annual Element Cost Recurring Cost Comments Invasive Vegetation $153,000 $27,000 Initial assumes $850/acre; recurring assumes $150/acre Removal Bared -wire $17,000 n/a Assumes $1.50/foot to tear out and remove fence Fence Removal TOTAL $170,000 $27,000 6. Potential for Matching Funds The primary partnering agencies for conservation acquisitions, and those identified in the ordinance are the Florida Communities Trust (FCT) and The Florida Forever Program. The following highlights potential for partnering funds, as communicated by agency staff. Florida Communities Trust - Parks and Open Space Florida Forever grant program: The FCT Parks and Open Space Florida Forever grant program provides grant funds to local governments and nonprofit organizations to acquire conservation lands, urban open spaces, parks and greenways. Application for this program is typically made for pre -acquired sites up to two years from the time of acquisition. The Parks and Open Space Florida Forever grant program assists the Department of Environmental Protection in helping communities meet the challenges of growth, supporting viable community development and protecting natural resources and open space. The program receives 21 percent Florida Forever appropriation. Florida Forever Program: This parcel is within the Belle Meade Florida Forever Project Area boundary, and state Real Estate Services staff has expressed interest in pursuing the property, depending on owner expectations of process and price. Additionally, the Conservation Collier Program has not been successful in partnering with the Florida Forever Program due to conflicting acquisition policies and issues regarding joint title between the programs. Additional Funding Sources: There are no additional funding sources known at this time. 34 N N O N ti L d aEi m Packet Pg. 812 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall 7. Secondary Criteria Scoring Form Folio Number: 00451040004 Date: December 7,2022 Property Name: Frank / Hothersall Target Protection Mailing Area: NGGE Folio(s): 00209681000; 38601280000; 38601320106; 38601360001 Secondary Criteria Scoring Possible Points Awarded Points percentage 1 - Ecological Value 160 116 73 2 - Human Value 80 43 54 3 - Restoration and Management 80 57 71 4 - Vulnerability 1 80 31 1 39 TOTAL SCORE 1 400 247 162 1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 1.1 VEGETATIVE COMMUNITIES 200 150 1.1.1 - Priority natural communities (Select highest score) a. Parcel contains CLIP4 Priority 1 communities (1130 - Rockland Scrubby Hammock, 1210 - Scrub, 1213 - Sand Pine Scrub, 1214 - Coastal Scrub, flatwoods in 1312 - Scrubby Flatwoods, 1610 - Beach Dune, 1620 - Coastal Berm, 100 100 NW corner 1630 - Coastal Grasslands, 1640 - Coastal Strand, or 1650 - Maritime and along S Hammock) Boundary b. Parcel contains CLIP4 Priority 2 communities (22211 - Hydric Pine Flatwoods, 2221 - Wet Flatwoods, or 1311 - Mesic Flatwoods) 60 c. Parcel contains CLIP4 Priority 3 communities (5250 - Mangrove Swamp, or 5240 - Salt Marsh) 50 d. Parcel contains CLIP4 Priority 4 communities (5250 - Mangrove Swamp) 25 1.1.2 - Plant community diversity (Select the highest score) Scrubby Flatwoods, Pine Flatwoods, Mesic a. Parcel has >_ 3 CLC native plant communities (Florida Cooperative Flatwoods, Land Cover Classification System native plant communities) 20 20 Cypress, Cypress -Pine - Cabbage Palm, Wet Prairie, and Cabbage Palm b. Parcel has <_ 2 CLC native plant communities 10 c. Parcel has 0 CLC native plant communities 0 35 N N O N ti `m E a� m Packet Pg. 813 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 1.1.3 - Listed plant species (excluding commercially exploited species) (Select the highest score) a. Parcel has >_5 CLC listed plant species 30 b. Parcel has 3-4 CLC listed plant species 20 c. Parcel has 5 2 CLC listed plant species 10 10 Tillandsia fasciculata d. Parcel has 0 CLC listed plant species 0 1.1.4 - Invasive Plant Infestation (Select highest score) a. 0 - 10% infestation 50 b. 10 - 25% infestation 40 c. 25 - 50% infestation 30 d. 50 - 75% infestation 20 20 65% - melaleuca; downy rosemyrtle; earleaf acacia e. >_75% infestation 10 1.2 - WILDLIFE COMMUNITIES 100 100 1.2.1- Listed wildlife species (Select the highest score) a. Listed wildlife species documented on the parcel 80 80 FL panther b. Listed wildlife species documented on adjacent property 60 c CLIP Potential Habitat Richness >_5 species 40 d. No listed wildlife documented near parcel 0 1.2.2 - Significant wildlife habitat (Rookeries, roosts, denning sites, nesting grounds, high population densities, etc) (Select highest score) a. Parcel protects significant wildlife habitat (Please describe) 20 20 panther; bear; deer b. Parcel enhances adjacent to significant wildlife habitat (Please describe) 10 c. Parcel does not enhance significant wildlife habitat 0 1.3 - WATER RESOURCES 100 35 1.3.1- Aquifer recharge (Select the highest score) a. Parcel is located within a wellfield protection zone or within a CLIP4 Aquifer Recharge Priority 1 area 40 b. Parcel is located within a CLIP4 Aquifer Recharge Priority 2 or 3 area 30 c. Parcel is located within a CLIP4 Aquifer Recharge Priority 4 or 5 area 20 d. Parcel is located within a CLIP4 Aquifer Recharge Priority 6 area 0 0 1.3.2 - Surface Water Protection (Select the highest score) a. Parcel is contiguous with and provides buffering for an Outstanding Florida Waterbody 30 b. Parcel is contiguous with and provides buffering for a creek, river, lake, canal or other surface water body 20 36 N N 0 N ti L m E a� m Packet Pg. 814 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 c. Parcel is contiguous with and provides buffering for an identified flowway 15 15 Picayune Strand State Forest d. Wetlands exist on site 10 e. Parcel does not provide opportunities for surface water quality enhancement 0 1.3.3 - Floodplain Management (Select all that apply) a. Parcel has depressional or slough soils 10 10 b. Parcel has known history of flooding and is likely to provide onsite water attenuation 10 10 c. Parcel provides storm surge buffering 10 d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 150 1.4.1- Acreage (Select Highest Score) a. Parcel is >_ 300 acres 150 b. Parcel is >_ 100 acres 100 100 180 ac b. Parcel is >_ 50 acres 75 c. Parcel is >_ 25 acres 25 d. Parcel is >_ 10 acres 15 e. Parcel is < 10 acres 0 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 50 Picayune Strand State Forest b. Parcel is not immediately contiguous, but parcels between it and nearby conservation lands are undeveloped 25 c. Parcel is isolated from conservation land 0 ECOLOGICAL VALUES TOTAL POINTS 600 435 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 116 2 - HUMAN VALUES (20%) Possible Points Awarded Points Comments 2.1 - RECREATION 120 100 2.1.1- Compatible recreation activities (Select all that apply) a. Hunting 20 20 b. Fishing 20 20 c. Water -based recreation (paddling, swimming, etc) 20 d. Biking 20 20 e. Equestrian 20 20 f. Passive natural -resource based recreation (Hiking, photography, wildlife watching, environmental education, etc) 20 20 g. Parcel is incompatible with nature -based recreation 0 37 N N 0 N ti L d E a� m Packet Pg. 815 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 2.2 - ACCESSIBILITY 120 40 2.2.1- Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 20 b. Parcel accessible for land -based recreation seasonally 10 c. Parcel is inaccessible for land -based recreation 0 2.2.2 - Vehicle access (Select the highest score) a. Public access via paved road 50 b. Public access via unpaved road 30 c. Public access via private road 20 d. No public access 0 0 2.2.3 - Parking Availability (Select the highest score) a. Minor improvements necessary to provide on -site parking 40 b. Major improvements necessary to provide on -site parking (Requires site development plan) 25 b. Public parking available nearby or on adjacent preserve 20 20 c. Street parking available 10 d. No public parking available 0 2.2.4 - Pedestrian access (Select the highest score) a. Parcel is easily accessible to pedestrians (within walking distance of housing development) 10 b. Parcel is not easily accessible to pedestrians 0 0 2.3 - AESTHETICS/CULTURAL ENHANCEMENT 40 10 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 5 large mature slash pines b. Scenic vistas 5 5 c. Frontage enhances aesthetics of public thoroughfare 10 d. Archaeological/historical structures present 15 e. Other (Please describe) 5 f. None 0 HUMAN VALUES TOTAL SCORE 280 150 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 43 Possible Awarded 3 - RESTORATION AND MANAGEMENT (20%) Comments Points Points 3.1 - VEGETATION MANAGEMENT 120 70 3.1.1- Invasive plant management needs (Select the highest score) a. Minimal invasive/nuisance plant management necessary to restore 100 and maintain native plant communities (<30%) 38 N N O N ti L d E W m Packet Pg. 816 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 b. Moderate invasive/nuisance plant management necessary to 75 restore and maintain native plant communities (30-65%) c. Major invasive/nuisance plant management necessary to restore 50 50 and maintain native plant communities (>65%) d. Major invasive/nuisance plant management and replanting 25 necessary to restore and maintain native plant communities (>65%) e. Restoration of native plant community not feasible 0 3.1.2 - Prescribed fire necessity and compatibility (Select the highest score) a. Parcel contains fire dependent plant communities and is compatible with prescribed fire or parcel does not contain fire dependent plant 20 20 communities b. Parcel contains fire dependent plant communities and is 0 incompatible with prescribed fire 3.2 - REMEDIATION AND SITE SECURITY 50 50 3.2.1- Site remediation and human conflict potential (Dumping, contamination, trespassing, vandalism, other) (Select the highest score) a. Minimal site remediation or human conflict issues predicted 50 50 b. Moderate site remediation or human conflict issues predicted 20 (Please describe) c. Major site remediation or human conflict issues predicted (Please 5 describe) d. Resolving site remediation or human conflict issues not feasible 0 3.3 - ASSISTANCE 5 5 3.4.1 - Management assistance by other entity a. Management assistance by other entity likely 5 5 b. Management assistance by other entity unlikely 0 RESTORATION AND MANAGEMENT TOTAL SCORE 175 125 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded 80 57 Points/Possible Points*80) 4 - VULNERABILITY (20%) Possible Points Awarded Points Comments 4.1 - ZONING AND LAND USE 130 55 4.1.1- Zoning and land use designation (Select the highest score) a. Zoning allows for Single Family, Multifamily, industrial or commercial 100 b. Zoning allows for density of no greater than 1 unit per 5 acres 75 c. Zoning allows for agricultural use /density of no greater than 1 unit per 40 acres 50 50 d. Zoning favors stewardship or conservation 0 4.1.2 - Future Land Use Type (Select the highest score) a. Parcel designated Urban 30 39 N N 0 N ti L m E a� m Packet Pg. 817 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Folio Number: 00451040004 Date: December 7,2022 b. Parcel designated Estates, Rural Fringe Receiving and Neutral, 25 Agriculture c. Parcel designated Rural Fringe Sending, Rural Lands Stewardship 5 5 Area d. Parcel is designated Conservation 0 4.2 - DEVELOPMENT PLANS 50 15 4.2.1- Development plans (Select the highest score) a. Parcel has been approved for development 20 b. SFWMD and/or USACOE permit has been applied for or SDP application has been submitted 15 c. Parcel has no current development plans 0 0 4.2.2 - Site characteristics amenable to development (Select all that apply) a. Parcel is primarily upland 10 10 b. Parcel is along a major roadway 10 c. Parcel is >10 acres 5 5 d. Parcel is within 1 mile of a current or planned commercial or multi- 5 unit residential development VULNERABILITY TOTAL SCORE 180 70 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 31 40 N N 0 N ti L m E a� m Packet Pg. 818 F ga— si y� r A y y' 's x! vp iiII / I fl 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Cabbage Palm Cypress -Pine -Cabbage Palm Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 42 Packet Pg. 820 1 r f r � ,�� � ra f, �„ �'�.,u+f l ram � *� ,�� f�'` - ,,,►,� - c � n �a � a 7. -4401 f p% Av \may _ �- '� � e V •3, �, - � ! i f, if v 26.A.16 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Edge of Cypress Mesic Pine Flatwoods Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d 44 Packet Pg. 822 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 { qyx . .y� : 1. 1 1 I -. �'C�'6t } M �'.1. �' � •1 - s� � �.� '.i V. G � v + E ► 'i :.t � • y. ai'T . �'Fj ' :3 ` .° re NIS S *ate Approximate boundaries of NW corner of property looking north Scrubby flatwoods 45 Packet Pg. 823 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 . 7.. ' "-- Ar fit• r...� •�•• k . _ � � �' .�i . ram..•. , s� ,y;.�--. . r: 1�-' t • i' T ... :fit-= ►, _ � - Pond in middle of property SE corner of parcel looking west — boundary lines approximate 46 Packet Pg. 824 Initial Criteria Screening Report Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall SE corner of property looking SE - boundary lines approximate 26.A.16 Folio Number: 00451040004 Date: December 7,2022 N N O N ti L d E V d E E �O♦ V 0 Q 0 V a J ti r N 47 Packet Pg. 825 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions This report makes use of data layers from the Florida Natural Areas Inventory and University of Florida Critical Lands and Waters Identification Project (CLIP4). CLIP4 is a collection of spatial data that identify statewide priorities for a broad range of natural resources in Florida. It was developed through a N collaborative effort between the Florida Areas Natural Inventory (FNAI), the University of Florida o GeoPlan Center and Center for Landscape Conservation Planning, and the Florida Fish and Wildlife ti Conservation Commission (FWC). It is used in the Florida Forever Program to evaluate properties for acquisition. CLIP4 is organized into a set of core natural resource data layers which are representative E of 5 resource categories: biodiversity, landscapes, surface water, groundwater and marine. The first 3 c categories have also been combined into the Aggregated layer, which identifies 5 priority levels for natural resource conservation. Below is a description of each of the three CLIP4 data layers used in this report. Fieure 4 - CLIP4 Prioritv Natural Communities Consists of 12 priority natural community types: upland glades, pine rocklands, seepage slopes, scrub, sandhill, sandhill upland lakes, rockland hammock, coastal uplands, imperiled coastal lakes, dry prairie, upland pine, pine flatwoods, upland hardwood forest, or coastal wetlands. These natural communities are prioritized by a combination of their heritage global status rank (G-rank) and landscape context, based on the Land Use Intensity Index (subset of CLIP Landscape Integrity Index) and FNAI Potential Natural Areas. Priority 1 includes G1-G3 communities with Very High or High landscape context. Priority 2 includes G1-G3 Medium and G4 Very High/High. Priority 3 includes G4 Medium and G5 Very High/High. Priority 5 is G5 Medium. This data layer was created by FNAI originally to inform the Florida Forever environmental land acquisition program. The natural communities were mapped primarily based on the FNAI/FWC Cooperative Land Cover (CLC) data layer, which is a compilation of best -available land cover data for the entire state. The CLC is based on both remote -sensed (from aerial photography, primarily from water management district FLUCCS data) and ground-truthed (from field surveys on many conservation lands) data. Fieure 10 - Potential Habitat Richness CLIP4 Ma This CLIP version 4.0 data layer is unchanged from CLIP v3.0. FWC Potential Habitat Richness. Because SHCAs do not address species richness, FWC also developed the potential habitat richness layer to identify areas of overlapping vertebrate species habitat. FWC created a statewide potential habitat model for each species included in their analysis. In some cases, only a portion of the potential habitat was ultimately designated as SHCA for each species. The Potential Habitat Richness layer includes the entire potential habitat model for each species and provides a count of the number of species habitat models occurring at each location. The highest number of focal species co-occurring at any location in the model is 13. 48 Packet Pg. 826 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 Figure 11- CLIP4 Aquifer Recharge Priority and Wellfield Protection Zones High priorities indicate high potential for recharge to an underlying aquifer system (typically the Floridan aquifer but could be intermediate or surficial aquifers in some portions of the state). The highest priorities indicate high potential for recharge to springs or public water supplies. This figure N also includes Wellfield Protection Zones. Collier County Wellfield Protection Zones are referenced in N the Land Development Code and updated in 2010 by Pollution Control and Prevention Department ti Staff. The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for L potable water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as a� protected wellfields, around which specific land use and activity (regulated development) shall be c regulated under this section. 49 Packet Pg. 827 26.A.16 Initial Criteria Screening Report Folio Number: 00451040004 Owner Names: David Frank, Jr., William Frank, Jr., and Kimberlee Hothersall Date: December 7,2022 APPENDIX 2 — FRANK PARCEL ECOLOGICAL ASSESSMENT FEASIBILITY/ZONING REVIEW — Earth Tech Environmental, LLC — December 2019 N N O N ti L M E ci 0 50 Packet Pg. 828 26.A.17 Conservation Collier Initial Criteria Screening Report Sit/ Williams Parcels 0 0.075 Miles Owner Names: Anita Sit and Clair Williams Folio Numbers: 61731573007, 61731578002, 61731574006, 61731577003, 61731576004, 61731571009 Size: 3.0 acres Staff Report Date: December 7, 2022 Total Score: 240/400 200 160 150 80 80 80 80 100 64 60 50 3� 0 1- Ecological 2 - Human 3 - Restoration 4- Value Value and Vulnerability Management ■ Awarded Points ❑ Possible Points Packet Pg. 829 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 Table of Contents Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcel Location Overview.........................................................................................................5 Figure2 - Parcel Close-up.........................................................................................................................6 2.1 Summary of Property Information....................................................................................................7 Table 1— Summary of Property Information.....................................................................................7 Figure 3 - Secondary Criteria Score....................................................................................................8 Table 2 - Secondary Criteria Score Summary.....................................................................................8 2.2 Summary of Assessed Value and Property Cost Estimates..............................................................9 Table 3. Assessed & Estimated Value................................................................................................9 2.2.1 Zoning, Growth Management and Conservation Overlays....................................................9 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10)...................................................... 10 3. Initial Screening Criteria......................................................................................................................12 3.1 Ecological Values............................................................................................................................. 12 3.1.1 Vegetative Communities....................................................................................................... 12 Figure 4 - CLIP4 Priority Natural Communities........................................................................ 13 Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 14 Figure 6—Slash pine canopy and saw palmetto understory................................................... 15 Figure 7 — View of parcels looking east — white boundary lines are approximate ................... 15 3.1.2 Wildlife Communities............................................................................................................ 16 Table 4 — Listed Wildlife Detected........................................................................................... 16 Figure 8 —Active gopher tortoise burrow............................................................................... 16 Figure 9 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................... 17 Figure 10 - CLIP4 Potential Habitat Richness........................................................................... 18 3.1.3 Water Resources................................................................................................................... 19 Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 20 Figure 12 - Collier County Soil Survey...................................................................................... 21 Figure 13 LIDAR Elevation Map............................................................................................... 22 3.1.4 Ecosystem Connectivity........................................................................................................ 23 2 Packet Pg. 830 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 Figure 14 - Conservation Lands............................................................................................... 23 3.2 Human Values................................................................................................................................. 24 3.2.1 Recreation............................................................................................................................. 24 3.2.2 Accessibility........................................................................................................................... 24 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 24 Figure 15 — Mature, large slash pine....................................................................................... 24 3.3 Restoration and Management....................................................................................................... 25 3.3.1 Vegetation Management...................................................................................................... 25 3.3.1.1 Invasive Vegetation..................................................................................................... 25 3.3.1.2 Prescribed Fire............................................................................................................ 25 3.3.2 Remediation and Site Security.............................................................................................. 25 3.3.3 Assistance.............................................................................................................................. 25 3.4 Vulnerability.................................................................................................................................... 25 3.4.1 Zoning and Land Use............................................................................................................. 25 Figure 16 — Collier County GMP FLU Element Section V.B.6.a................................................ 28 Figure17—Zoning................................................................................................................... 29 Figure18 —Zoning Overlay...................................................................................................... 30 Figure 19 — Future Land Use................................................................................................... 31 3.4.2 Development Plans............................................................................................................... 32 4. Acquisition Considerations................................................................................................................... 32 S. Management Needs and Costs..............................................................................................................33 Table 5 - Estimated Costs of Site Remediation, Improvements, and Management .............................. 33 6. Potential for Matching Funds.............................................................................................................. 33 7. Secondary Criteria Scoring Form......................................................................................................... 34 8. Additional Site Photos.........................................................................................................................40 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions......................................46 3 Packet Pg. 831 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 1. Introduction The Conservation Collier Program (Program) is an environmentally sensitive land acquisition and management program approved by the Collier County Board of County Commissioners (Board) in 2002 and by Collier County Voters in 2002 and 2006. The Program was active in acquisition between 2003 and 2011, under the terms of the referendum. Between 2011 and 2016, the Program was in management mode. In 2017, the Collier County Board reauthorized Conservation Collier to seek additional lands (2/14/17, Agenda Item 11B). On November 3, 2020, the Collier County electors approved the Conservation Collier Re-establishment referendum with a 76.5% majority. This Initial Criteria Screening Report (ICSR) has been prepared for the Conservation Collier Program in its 11th acquisition cycle (Quarter B) to meet requirements specified in the Conservation Collier Implementation Ordinance, 2002-63, as amended, and for purposes of the Conservation Collier Program. The sole purpose of this report is to provide objective data to demonstrate how properties meet the criteria defined by the ordinance. The following sections characterize the property location and assessed value, elaborate on the initial and secondary screening criteria scoring, and describe potential funding sources, appropriate use, site improvements, and estimated management costs. 4 Packet Pg. 832 Initial Criteria Screening Report Owner Names: Sit / Williams 2. Summary of Property 11TH AVE SW 0 J m ry w J JO 13THAVE SW U 15TH AVE SW H 17TH AVE SW H M 19THAVE SW 21STAVE SW 23RD AVE SW WHITE BLVD w J M 26.A.17 Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Date: December 7, 2022 Cn U) (n Y) U) W co ~ _ _ _ M N U, N N Q m N (y 0 J J W Z r- U J Vr z Z O BRANTLEY BLVD w Y KEANE AVE m 1 0 Miles - SIT WILLIAMS BUCKLEY (Cycle 11 B) - Conservation Collier Preserve Other Conservation Areas Figure 1 - Parcel Location Overview CON ATION LLIER COS y 5 Packet Pg. 833 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 0 0.09 Miles SIT 1 WILLIAMS Conservation Collier Preserve Figure 2 - Parcel Close-up y CON �IATIOiJ COLLIER co Y Cmnty Packet Pg. 834 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams 2.1 Summary of Property Information Table 1 — Summary of Property Information Date: December 7, 2022 Characteristic Value Comments Name Sit / Williams Anita Sit and Clair Williams 61731573007, 61731578002, Folio Number 61731574006, No site address — off Blue Sage Dr. 61731577003, 61731576004, 61731571009 Target Protection RFMUD Nancy Payton Preserve Mailing area Cycle 11 Area Size 3.0 acres Section, Township, and Range 524, Twn 49, R26 Agricultural - Rural Fringe Mixed Use District — North Belle Zoning A-RFMUD-NBMO - Meade Overlay— Neutral Lands; Baseline zoning allows 1 Category/TDRs Neutral -Section 24 unit per 40 acres or 1 unit per lot or parcel of less than 40 acres with 90% preservation of slash pine trees AH - 1% annual chance of shallow flooding, usually in the FEMA Flood Map AH X and X500 form of a pond, with an average depth ranging from 1 to 3 Category feet; X — low to moderate risk of flooding; X500 — low risk of flooding Existing structures None Undeveloped, Undeveloped land to the north, Nancy Payton Preserve to Adjoining properties preserve, single the east, single family residence and undeveloped to the and their Uses family residential, south, unpaved road and Golden Gate Canal to the west roadway and canal Development Plans Submitted None Known Property Possible boundary A survey is recommended to determine exact location of Irregularities line clearing property lines Other County Dept Interest None N N 0 N a� E 0 U a) Packet Pg. 835 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 Total Score: 240/400 200 160 150 100 64 80 80 80 80 60 50 36 0 1 - Ecological 2 - Human 3 - Restoration 4 - Vulnerability Value Value and Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score Toble 2 - Secondary Criteria Score Summary Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1- Ecological Value 64 160 40% 1.1 - Vegetative Communities 16 53 30% 1.2 - Wildlife Communities 27 27 100% 1.3 - Water Resources 8 27 30% 1.4 - Ecosystem Connectivity 13 53 25% 2 - Human Values 36 80 45% 2.1 - Recreation 11 34 33% 2.2 - Accessibility 20 34 58% 2.3 - Aesthetics/Cultural Enhancement 4 11 38% 3 - Restoration and Management 80 80 100% 3.1 - Vegetation Management 55 55 100% 3.2 - Remediation and Site Security 23 23 100% 3.3 - Assistance 2 2 100% 4 - Vulnerability 60 80 75% 4.1 - Zoning and Land Use 56 58 96% 4.2 - Development Plans 4 22 20% Total 240 400 60% n. N N 0 N as E 0 U as 0 m m r E E 0 U 0 a c 0 T a Q c R J r N U U) E c� r cq ri a� E z to r Q Packet Pg. 836 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcels was estimated using only one of the three traditional approaches to value, the sales comparison approach. It is based on the principal of substitution that an informed purchaser would pay no more for the rights in acquiring a particular real property than the cost of acquiring, without undue delay, an equally desirable one. Three properties were selected for comparison, each with similar site characteristics, utility availability, zoning classification and road access. No inspection was made of the property or comparables used in this report and the Real Estate Services Department staff relies upon information solely provided by program staff. The valuation conclusion is limited only by the reported assumptions and conditions that no other known or unknown adverse conditions exist. Possible access concerns or limits to uses within the property unknown at the time of estimation will be taken into consideration at time of appraisal. If the Board of County Commissioners chooses to acquire the property, an appraisal by an independent Real Estate Appraiser will be obtained at that time. Pursuant to the Conservation Collier Purchase Policy, one appraisal is required for the Sit / Williams parcels, which have an initial valuation less than $500,000; 1 independent Real Estate Appraiser will value the subject property and that appraisal report will determine the actual value of the subject property. Table 3. Assessed & Estimated Value Property owner Address Acreage Assessed Estimated Value Value Anita Sit and Clair Williams No address 3.0 $105,000 $225,500 * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off the current use of the property. **The Estimated Market Value for the Site / Williams parcels was obtained from the Collier County Real Estate Services Department in November 2022. 2.2.1 Zoning, Growth Management and Conservation Overlays Zoning, growth management and conservation overlays will affect the value of a parcel. The parcels are zoned Agricultural but are Neutral Lands within the Rural Fringe Mixed Use District (RFMUD), have a North Belle Meade Overlay, and are within Section 24 of Township 49, Range 26, which means their development standards are governed by the Collier County Growth Management Plan Future Land Use Element, as described within Section V.13.6. of the Future Land Use Designation Description Section. The maximum building density is 1 dwelling unit per 40 acres or 1 dwelling unit per lot or parcel of less than 40 acres. The 3.0 acres being offered to Conservation Collier consists of 6 separate parcels. Six separate residential dwellings could be developed within these 3 acres. Additionally, if developed, 90% of the slash pine trees shall be preserved, unless a Red -cockaded Woodpecker Habitat Management Plan is prepared and it recommends a lesser amount. A Packet Pg. 837 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10) Criteria 1: Native Habitats Are any of the following unique and endangered plant communities found on the property? Order of preference as follows: YES i. Hardwood hammocks No ii. Xeric oak scrub No iii. Coastal strand No iv. Native beach No V. Xeric pine No vi. Riverine Oak No vii. High marsh (saline) No viii. Tidal freshwater marsh No ix. Other native habitats YES Statement for Satisfaction of Criteria 1: The parcels consist of pine flatwoods Criteria 2: Human Social Values Does land offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? YES Statement for Satisfaction of Criteria 2: These parcels can be viewed from Blue Sage Dr. and are adjacent to the Nancy Payton Preserve. They could easily be incorporated into the preserve trail system for nature -based recreation. Criteria 3: Water Resources Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? NO Statement for Satisfaction of Criteria 3: The parcels do not contain wetlands and do not significantly contribute to the aquifer. 10 Packet Pg. 838 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 Criteria 4: Biological and Ecological Value Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? YES N N O N Statement for Satisfaction of Criteria 4: The parcels are adjacent to Nancy Payton Preserve. L Florida panther, gopher tortoises, and red -cockaded woodpeckers have been documented in this area. as Criteria 5: Enhancement of Current Conservation Lands Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? YES Is this property within the boundary of another agency's acquisition project? NO Statement for Satisfaction of Criteria 5: The parcels are adjacent to Nancy Payton Preserve. 11 Packet Pg. 839 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3. Initial Screening Criteria 3.1 Ecological Values 3.1.1 Vegetative Communities Although the parcels are mapped as Hydric Pine Flatwoods and Mixed Scrub -Shrub wetlands, they can best be described as Pine Flatwoods. The canopy consists primarily of slash pine (Pinus elliottii) with c occasional bald -cypress (Taxodium distichum) and some mature earleaf acacia (Acacia auriculiformis). Several large slash pine snags also exist within the canopy. Other plants observed in the midstory and groundcover include cabbage palm (Saba) palmetto), saw palmetto (Serenoa repens), American E m beautyberry (Callicarpa americana), myrsine (Myrsine cubana), winged sumac (Rhus copallinum), occasional small oaks (Quercus sp.), various grasses, muscadine (Vitis rotundifolia), and occasional sawgrass (Cladium jamaicense). Muscadine and a thick, slash pine needle duff layer blanketed most of the site. Exotic plants were present at a density of approximately 25% and included primarily earleaf acacia and Brazilian pepper (Schinus terebinthifolia). Mission grass (Cenchrus polystachios), Ceasarweed (Urena lobata), and carrotwood (Cupaniopsis anacardioides) were also present. The state threatened northern needleleaf (Tillandsia balbisiana) and state endangered cardinal airplant (Tillandsia fasciculata) were observed within the parcels 12 Packet Pg. 840 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 T 0 0.09 Miles Q SIT / WILLIAMS CLIP4 Priority Natural Communities Priority 1 (highest) Priority 2 Priority 3 Priority 4 Figure 4 - CLIP4 Priority Natural Communities CONWMATION IN Co er County 13 N N O N L E d U a) Packet Pg. 841 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 T 0 0.09 Miles SIT I WILLIAMS Land Cover Hydric Pine Flatwoods Mixed Scrub -Shrub Wetland Transportation Figure 5 - Florida Cooperative Land Cover Classification System GON -[R- anoN LLIER Co er County 14 N N O N L E d :i Packet Pg. 842 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Date: December 7, 2022 Figure 6 — Slash pine canopy and saw palmetto understory --_ � ram,• z Figure 7 — View of parcels looking east — boundary lines are approximate 15 Packet Pg. 843 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3.1.2 Wildlife Communities Nine active, juvenile gopher tortoise (Gopherus polyphemus) burrows were observed within the eastern side of the parcels — adjacent to Nancy Payton Preserve, and a red -bellied woodpecker (Melanerpes carolinus) and gray catbird (Dumetella carolinensis) were also identified within the parcels. Florida panthers (Puma concolor coryi) utilize the adjacent properties, and the area is a known, successful denning site. The taller palmettos within the parcels provide potential panther denning habitat. Additionally, Florida black bear (Ursus americanus floridanus) telemetry points and red cockaded woodpecker (Picoides borealis) observations have been documented within surrounding parcels. Table 4 — Listed Wildlife Detected Common Name Scientific Name State Status Federal Status Mode of Detection Gopherus Candidate Gopher tortoise Threatened Active burrows polyphemus species Figure 8 —Active gopher tortoise burrow 16 N N 0 N L as E as as Packet Pg. 844 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 T 0 Miles Q SIT 1 WILLIAMS Red -cockaded_ Woodpecker _Obs... p Florida Panther Telemetry Black Bear Telemetry Figure 9 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) CCNSIAA ATION co � County •-,, , LLIER 17 Packet Pg. 845 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 N N O N L E d U a) T 0 0.09 Miles Q SIT/ WILLIAMS VALUE 1 species 2-4 species 5-6 species 7 species 8-13 species Figure 10 - CLIP4 Potential Habitat Richness CON E ATION COLLIER 18 Packet Pg. 846 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3.1.3 Water Resources The parcels do not significantly protect water resources and add very minimally to the surficial aquifer. The parcels and adjacent properties are comprised of uplands. Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Mapped soils on these parcels are "Malabar fine sand". This nearly level, poorly drained soil is normally found in sloughs and poorly defined drainageways; however, the proximity of the Golden Gate Canal has altered the wetland characteristics of the site, causing the parcels and surrounding area to drain and lose most of their wetland indicators. 19 Packet Pg. 847 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Jwner Names: Sit / Williams w J m .I. 0 Miles Q SIT / WILLIAMS Wellfield Protection Zones 1-YEAR 2-YEAR 5-YEAR - - _ 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 Priority 4 Priority 5 Priority 6 Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones Date: December 7, ZU22 1, CON ATION LLIER Co�er Couxty 20 Packet Pg. 848 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 T 0 0.09 Miles Figure 12 - Collier County Soil Survey Co or Couxty N N O N ti E d C� 21 Packet Pg. 849 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Jwner Names: Sit / Williams 0 Miles SIT / WILLIAMS LIDAR Value - - High : 104.644 - Low: -4.11745 Figure 13 LIDAR Elevation Map Date: December 7, ZU22 CON EIA ATION WER o County 22 Packet Pg. 850 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3.1.4 Ecosystem Connectivity These parcels are directly adjacent to Nancy Payton Preserve and other undeveloped lands adjacent to the preserve. Although small in acreage, the parcels contain several large, mature pines; several large snags, and areas of dense saw palmetto — all of which enhance the habitat available within the preserve. 0 1 2 3 4 5 Miles SIT! WILLIAMS BUCKLEY ENTERPRISES Other Conservation Areas y CONS -FI{ ATION C LLIER C.O w Cy Figure 14 - Conservation Lands 23 Packet Pg. 851 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3.2 Human Values 3.2.1 Recreation These parcels could provide year-round access for a variety of recreational activities including equestrian, large tire cycling, and hiking. The parcels are adjacent to existing Nancy Payton Preserve trails and could easily be incorporated into the trail system. 3.2.2 Accessibility The parcels are located directly off Blue Sage Dr. They are accessible to the public via the existing Nancy Payton Preserve trail system. 3.2.3 Aesthetic/Cultural Enhancement These parcels contain several, large slash pine trees. Figure 15 — Mature, large slash pine 24 Packet Pg. 852 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3.3 Restoration and Management 3.3.1 Vegetation Management 3.3.1.1 Invasive Vegetation Approximately 25% of the site is covered with exotic vegetation — primarily earleaf acacia and Brazilian pepper with some missiongrass, Caesarweed, and carrotwood. Treatment could be incorporated into N Nancy Payton Preserve regular invasive, exotic plant maintenance. N 3.3.1.2 Prescribed Fire The parcels have been fire suppressed and contain a thick, pine needle layer blanketing nearly the E as entire site. The parcels would be incorporated into the existing Nancy Payton Preserve burn units and burn rotation. Assistance from other agencies would be anticipated. 3.3.2 Remediation and Site Security No site security issues appear to exist within the parcels. 3.3.3 Assistance Assistance from other agencies or organizations is anticipated with prescribed fire. 3.4 Vulnerability 3.4.1 Zoning and Land Use The parcels are zoned Agricultural but are Neutral Lands within the Rural Fringe Mixed Use District (RFMUD), have a North Belle Meade Overlay, and are within Section 24 of Township 49, Range 26, which means their development standards are governed by the Collier County Growth Management Plan Future Land Use Element, as described within Section V.B.6.a. of the Future Land Use Designation Description Section (Figure 16). The maximum building density is 1 dwelling unit per 40 acres or 1 dwelling unit per lot or parcel of less than 40 acres. The 3.0 acres being offered to Conservation Collier consists of 6 separate parcels. Six separate residential dwellings could be developed within these 3 acres. Additionally, if developed, 90% of the slash pine trees shall be preserved, unless a Red -cockaded Woodpecker Habitat Management Plan is prepared and it recommends a lesser amount. 25 Packet Pg. 853 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 Future Land Use Element as of Ordinance No. 2021-36. adopted October 26. 2021 (IX)(XI I I)(XV)(YIXIV) 5. NEUTRAL LANDS Within the NBM Overlay there are ± 1,280 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two'l sections located at the northeast comer of #his Overlay and Section 24 located in the northwest portion of this Overlay. The preservation standards for Neutra€ Lands shall be those contained in CCME Policy 6.1.2 for Neutral Lands, except as provided below for Section 24. The County has performed an RC study for Section 24 and the results of the study, in part, are the basis for the below provisions applicable to Section 24. (M) M(XLIV) S. SECTION 24 NEUTRAL LANDS The fallowing provisions apply only to all lands within Section 24, Township 49 South, Range 26 East, within the North Belle Meade Overlay, shown on the North Belle Meade Overlay Section 24 Map, and are pursuant to the partial stipulated settlement agreement between the Board of County Commissioners, Florida Department of Community Affairs, Petitioners- in -Intervention and Respondents -in -Intervention, approved by the Board. on September 28, 201 D. a. All Properties Except Those Specified Below in Paragraphs b., c., d., e. and f. - Lots 1, 2, 5-12, 20, 21, 36-40 and southerly portion of Lot 31, all whether a whole Lot or a portion thereof (uncolored and unlabelled, except for four Collier County Lois, on North Belle Meade Overlay Section 24 Map) 1) Allowable Uses: a) Agricultural uses consistent with Chapter823.14(6), Florida Statutes (Florida Right to Farm Act) b) Detached single-family dwelling units at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999_ For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or ather specific legal desc€iption, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999, or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses_ d) Passive parks and other passive recreational uses_ e) Sporting and Recreationa€ camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. f) Essentia€ Services necessary to serve permitted uses identified in paragraph a.1 j a) through e), such as the following: private wells and septic tanks utility lines, sewer lift stations, and water pumping stations; and, interim, private water and sewer faciIit€es until suchtime as County central water and sewerservice becomes available. g) Essential Services necessary to ensure public safety. (XLIV} = Plan Amendment by Ordinance No. 2017-22 on June 13. 2017 112 N N 0 N L a� E m ra of 26 Packet Pg. 854 26.A.17 Initial Criteria Screening Report Folio Nos: 61731S73007, 61731S78002, 61731S74006, 61731S77003,61731S76004,61731S71009 Owner Names: Sit / Williams Date: December 7, 2022 Future Land Use Element as of Ordi nance No. 2(121-1&, adopted October 26, 21321 h) Oil and gas exploration. Where practicable, directional -drilling techniques and/or previously cleared ordisturbed areas shall be utilized to minimize impactsto native habitats_ 2) Allowable Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (1) Commercial uses accessory to permitted uses a1) a), c) and d), such as retail sales of produce accessory to fanning, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use- (2) Oil and gas field development and production. Where practicable, directional - drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. a) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subject to the following additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be partof the required EIS as specked in Policy 6.1.7 of the Conservation and Coastal Management Element- (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. 3) Native Vegetation and Preservation Requirements: Ninety percent (90%) of the slash pine trees shall be preserved, and a greater amount may be preserved at the discretion of the property owner, unless a Red -cockaded Woodpecker Habitat Management Plan is prepared and it recommends a lesser amount_ Preservation requirements of Policy 6.12 of the Conservation and Coastal Management Element shall not apply_ (XXIV) = Plan Amendment by Ordinance No. 2010-49 on December 14, 2014 113 N N O N ti E am m 0 27 Packet Pg. 855 26.A.17 Initial Criteria Screening Report Folio Nos: 61731S73007, 61731S78002, 61731S74006, 61731S77003,61731S76004,61731S71009 Owner Names: Sit / Williams Date: December 7, 2022 NORTH BELLE MEADE OVERLAY SECTION 24 MAP NAPLES FARM SITES, INC. SE.CTION 24. TOWNSHIP 49 SOUTH, RANGE 86 EAST IT 12 13 14 m x 15 1£ � 17 r 18 19 1 ]� YJ A 7II1d1 YeLADR Ysiarr q = r r 161AY 32 39 34 st 2G nuc 25 xk U oxea 23 m¢ex 22 xaed I V 35 x i Sig �T A00PrM - DECELIOER 14, (OFD 2DID-49) PMEPAREO L1Y_ GS/EA WAPPNG g:TKM pLOWN WAkAG Exi DI Wn / PLFHNHC AJWD LLEC4L TO- u PATE 11 fM CI RLE. 4P5-74MIM-0 UM m rt. eoo rt. Figure 16— Collier County GMP FLU Element Section V.B.6.a. Packet Pg. 856 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 T o 0.09 Miles SIT / WILLIAMS Zoning General A E Figure 17 — Zoning CON ATION LLIER �6 co f ,, Co"Ly 29 Packet Pg. 857 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 0 0.09 Miles SIT / WILLIAMS Zoning Overlay RFMUO-NBMO-NEUTRAL Figure 18 — Zoning Overlay CON ATION � Co e--r County LLIER 30 N N O N L E d U a) Packet Pg. 858 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 0 0.09 Miles SIT/WILLIAMS Future Land Use Agricultural / Rural Designation Estates Desingation RF-Neutral Figure 19 — Future Land Use CON ATION LLIER Coder County 31 N N O N L E d U a) Packet Pg. 859 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 3.4.2 Development Plans The parcels are not currently planned for development. 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the review of this property. The following items may not have significantly affected the scoring but are worth noting. Staff recommends obtaining a survey of the southern boundary line of the site to ensure property ownership boundaries. Clearing may have occurred within the Sit / Williams parcels along the southern line and a survey is recommended prior to any replanting efforts. 32 Packet Pg. 860 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 5. Management Needs and Costs Table S - Estimated Costs of Site Remediation, Improvements, and Management Management Initial Annual Element Cost Recurring Cost Comments Invasive Vegetation $2,100 $450 Initial assumes $700/acre; recurring assumes $150/acre Removal Fireline creation $9,500 $500 Initial assumes $10/ft. TOTAL $11,600 $950 6. Potential for Matching Funds The primary partnering agencies for conservation acquisitions, and those identified in the ordinance are the Florida Communities Trust (FCT) and The Florida Forever Program. The following highlights potential for partnering funds, as communicated by agency staff. Florida Communities Trust - Parks and Open Space Florida Forever grant program: The FCT Parks and Open Space Florida Forever grant program provides grant funds to local governments and nonprofit organizations to acquire conservation lands, urban open spaces, parks and greenways. Application for this program is typically made for pre -acquired sites up to two years from the time of acquisition. The Parks and Open Space Florida Forever grant program assists the Department of Environmental Protection in helping communities meet the challenges of growth, supporting viable community development and protecting natural resources and open space. The program receives 21 percent Florida Forever appropriation. Florida Forever Program: Staff has been advised that the Florida Forever Program is concentrating on funding parcels already included on its ranked priority list. These parcels are not inside a Florida Forever priority project boundary. Additionally, the Conservation Collier Program has not been successful in partnering with the Florida Forever Program due to conflicting acquisition policies and issues regarding joint title between the programs. Additional Funding Sources: There are no additional funding sources known at this time. 33 Packet Pg. 861 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams 7. Secondary Criteria Scoring Form Date: December 7, 2022 Property Name: Sit / Williams Target Protection Mailing Area: RFMUD-Neutral-Section 24-Nancy Payton Preserve TPMA Folio(s): 61731573007, 61731578002, 61731574006, 61731577003, 61731576004,61731571009 Secondary Criteria Scoring Possible Points Awarded Points percentage 1- Ecological Value 160 64 40 2 - Human Value 80 36 45 3 - Restoration and Management 80 80 100 4 - Vulnerability 80 60 75 TOTAL SCORE 400 240 60 1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 1.1 VEGETATIVE COMMUNITIES 200 60 1.1.1- Priority natural communities (Select highest score) a. Parcel contains CLIP4 Priority 1 communities (1130 - Rockland Hammock, 1210 - Scrub, 1213 - Sand Pine Scrub, 1214 - Coastal Scrub, 1312 - Scrubby Flatwoods, 1610 - Beach Dune, 1620 - Coastal Berm, 100 1630 - Coastal Grasslands, 1640 - Coastal Strand, or 1650 - Maritime Hammock) b. Parcel contains CLIP4 Priority 2 communities (22211 - Hydric Pine Flatwoods, 2221 - Wet Flatwoods, or 1311 - Mesic Flatwoods) 60 c. Parcel contains CLIP4 Priority 3 communities (5250 - Mangrove Swamp, or 5240 - Salt Marsh) 50 d. Parcel contains CLIP4 Priority 4 communities (5250 - Mangrove Pine Swamp) 25 0 flatwoods 1.1.2 - Plant community diversity (Select the highest score) a. Parcel has >_ 3 CLC native plant communities (Florida Cooperative Land Cover Classification System native plant communities) 20 b. Parcel has S 2 CLC native plant communities 10 10 Pine flatwoods c. Parcel has 0 CLC native plant communities 0 1.1.3 - Listed plant species (excluding commercially exploited species) (Select the highest score) a. Parcel has >_5 CLC listed plant species 30 b. Parcel has 3-4 CLC listed plant species 20 Tillandsia C. Parcel has <_ 2 CLC listed plant species 10 10 balbisiana; Tillandsia fasciculata d. Parcel has 0 CLC listed plant species 0 34 N N 0 N a� E a) U a) Packet Pg. 862 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 1.1.4 - Invasive Plant Infestation (Select highest score) a. 0 - 10% infestation 50 Brazilian pepper; earleaf b. 10 - 25% infestation 40 40 acacia; mission grass c. 25 - 50% infestation 30 d. 50 - 75% infestation 20 e. >_75% infestation 10 1.2 - WILDLIFE COMMUNITIES 100 100 1.2.1- Listed wildlife species (Select the highest score) a. Listed wildlife species documented on the parcel 80 80 gopher tortoise b. Listed wildlife species documented on adjacent property 60 c CLIP Potential Habitat Richness >_5 species 40 d. No listed wildlife documented near parcel 0 1.2.2 - Significant wildlife habitat (Rookeries, roosts, denning sites, nesting grounds, high population densities, etc) (Select highest score) Contains at least 9 active gopher tortoise a. Parcel protects significant wildlife habitat (Please describe) 20 20 burrows and several large snags usefulto woodpecke rs b. Parcel enhances adjacent to significant wildlife habitat (Please describe) 10 c. Parcel does not enhance significant wildlife habitat 0 0 1.3 - WATER RESOURCES 100 30 1.3.1- Aquifer recharge (Select the highest score) a. Parcel is located within a wellfield protection zone or within a CLIP4 Aquifer Recharge Priority 1 area 40 b. Parcel is located within a CLIP4 Aquifer Recharge Priority 2 or 3 area 30 c. Parcel is located within a CLIP4 Aquifer Recharge Priority 4 or 5 area 20 d. Parcel is located within a CLIP4 Aquifer Recharge Priority 6 area 0 0 1.3.2 - Surface Water Protection (Select the highest score) 35 Packet Pg. 863 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 a. Parcel is contiguous with and provides buffering for an Outstanding Florida Waterbody 30 b. Parcel is contiguous with and provides buffering for a creek, river, lake, canal or other surface water body 20 20 Golden Gate Canal c. Parcel is contiguous with and provides buffering for an identified flowway 15 d. Wetlands exist on site 10 e. Parcel does not provide opportunities for surface water quality enhancement 0 1.3.3 - Floodplain Management (Select all that apply) a. Parcel has depressional or slough soils 10 10 100 hydric, slough soils b. Parcel has known history of flooding and is likely to provide onsite water attenuation 10 c. Parcel provides storm surge buffering 10 d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 50 1.4.1- Acreage (Select Highest Score) a. Parcel is >_ 300 acres 150 b. Parcel is >_ 100 acres 100 b. Parcel is >_ 50 acres 75 c. Parcel is >_ 25 acres 25 d. Parcel is >_ 10 acres 15 e. Parcel is < 10 acres 0 0 3 acres 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 50 Nancy Payton Preserve b. Parcel is not immediately contiguous, but parcels between it and nearby conservation lands are undeveloped 25 c. Parcel is isolated from conservation land 0 ECOLOGICAL VALUES TOTAL POINTS 600 240 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 64 2 - HUMAN VALUES (20%) Possible Points Awarded Points Comments 2.1 - RECREATION 120 40 2.1.1- Compatible recreation activities (Select all that apply) a. Hunting 20 b. Fishing 20 c. Water -based recreation (paddling, swimming, etc) 20 36 N N O N L E 0 U a) Packet Pg. 864 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 d. Biking 20 e. Equestrian 20 20 f. Passive natural -resource based recreation (Hiking, photography, wildlife watching, environmental education, etc) 20 20 g. Parcel is incompatible with nature -based recreation 0 2.2 - ACCESSIBILITY 120 70 2.2.1- Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 20 b. Parcel accessible for land -based recreation seasonally 10 c. Parcel is inaccessible for land -based recreation 0 2.2.2 - Vehicle access (Select the highest score) a. Public access via paved road 50 b. Public access via unpaved road 30 30 c. Public access via private road 20 d. No public access 0 2.2.3 - Parking Availability (Select the highest score) a. Minor improvements necessary to provide on -site parking 40 b. Major improvements necessary to provide on -site parking (Requires site development plan) 25 b. Public parking available nearby or on adjacent preserve 20 20 c. Street parking available 10 d. No public parking available 0 2.2.4 - Pedestrian access (Select the highest score) a. Parcel is easily accessible to pedestrians (within walking distance of housing development) 10 b. Parcel is not easily accessible to pedestrians 0 0 2.3 - AESTHETICS/CULTURAL ENHANCEMENT 40 15 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 5 Large pines b. Scenic vistas 5 c. Frontage enhances aesthetics of public thoroughfare 10 10 d. Archaeological/historical structures present 15 e. Other (Please describe) 5 f. None 0 HUMAN VALUES TOTAL SCORE 280 125 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 36 Possible Awarded 3 - RESTORATION AND MANAGEMENT (20%) Comments Points Points 3.1- VEGETATION MANAGEMENT 120 120 3.1.1- Invasive plant management needs (Select the highest score) 37 N N O N as E m as Packet Pg. 865 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 a. Minimal invasive/nuisance plant management necessary to restore 25% and maintain native plant communities (<30%) 100 100 coverage b. Moderate invasive/nuisance plant management necessary to restore and maintain native plant communities (30-65%) 75 c. Major invasive/nuisance plant management necessary to restore and maintain native plant communities (>65%) 50 d. Major invasive/nuisance plant management and replanting necessary to restore and maintain native plant communities (>65%) 25 e. Restoration of native plant community not feasible 0 3.1.2 - Prescribed fire necessity and compatibility (Select the highest score) a. Parcel contains fire dependent plant communities and is compatible with prescribed fire or parcel does not contain fire dependent plant 20 20 communities b. Parcel contains fire dependent plant communities and is incompatible 0 with prescribed fire 3.2 - REMEDIATION AND SITE SECURITY 50 50 3.2.1- Site remediation and human conflict potential (Dumping, contamination, trespassing, vandalism, other) (Select the highest score) a. Minimal site remediation or human conflict issues predicted 50 50 b. Moderate site remediation or human conflict issues predicted (Please 20 describe) c. Major site remediation or human conflict issues predicted (Please describe) 5 d. Resolving site remediation or human conflict issues not feasible 0 3.3 - ASSISTANCE 5 5 3.4.1 - Management assistance by other entity a. Management assistance by other entity likely 5 5 Assistance with burns b. Management assistance by other entity unlikely 0 RESTORATION AND MANAGEMENT TOTAL SCORE 175 175 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded 80 80 Points/Possible Points*80) Possible Awarded 4 - VULNERABILITY (20%) Comments Points Points 4.1 - ZONING AND LAND USE 130 125 4.1.1- Zoning and land use designation (Select the highest score) 6 single - family a. Zoning allows for Single Family, Multifamily, industrial or commercial 100 100 units could be built b. Zoning allows for density of no greater than 1 unit per 5 acres 75 38 Packet Pg. 866 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 c. Zoning allows for agricultural use /density of no greater than 1 unit per 40 acres 50 d. Zoning favors stewardship or conservation 0 4.1.2 - Future Land Use Type (Select the highest score) a. Parcel designated Urban 30 b. Parcel designated Estates, Rural Fringe Receiving and Neutral, Agriculture 25 25 Neutral c. Parcel designated Rural Fringe Sending, Rural Lands Stewardship Area 5 d. Parcel is designated Conservation 0 4.2 - DEVELOPMENT PLANS 50 10 4.2.1- Development plans (Select the highest score) a. Parcel has been approved for development 20 b. SFWMD and/or USACOE permit has been applied for or SDP application has been submitted 15 c. Parcel has no current development plans 0 0 4.2.2 - Site characteristics amenable to development (Select all that apply) a. Parcel is primarily upland 10 10 b. Parcel is along a major roadway 10 c. Parcel is >10 acres 5 d. Parcel is within 1 mile of a current or planned commercial or multi- unit residential development 5 VULNERABILITY TOTAL SCORE 180 135 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 60 39 N N O N a� E am U a) Packet Pg. 867 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Typical view of parcels Open area in south that appears to have been previously cleared Date: December 7, 2022 N N O N ti E d 0 0) a 41 Packet Pg. 869 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Old bulldozer line from past wildfire on eastern edge of property Slash pine snag Date: December 7, 2022 42 Packet Pg. 870 Kk ra a�'w�y �(��•AYfs s gg ✓i!�__.� � J"f'y'...� ,{�, f� f f fi �``�'�'��r , !._+DNS 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 ? `'r• r _ � ate. -r.yy., . , - L ��+• � 3 .. dr:Sy • -i 2T _ / ' zk •''�. 'I �. 1v...S�li1�n .' L �. ..y-, jti J. �•l :. fir. _ r h'"- � - - N. Approximate boundary looking west N N O N a� d a� 0 a� m w r E E 0 U A L 0 N Q .y c,> Q J ti r r N U E R U) M :.i Q 44 Packet Pg. 872 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 -�= ;-� � � j� ,� ��. � ,.fig' ��'.,^*a� s ,� �:' � ��, � � t a ,;, f#r r f's <';�•k "R9c it C' y1 �Y.�,d*�}�Yh��'�. ^l �a F V �' � ... ?, � ♦. � - 7 i- fi�a� IV LL4 ,k.,. za ,,� •.� %` .��. 1 H!'k� i �' ,y yr..al'a�. r -`,'�, 00 4k Approximate boundaries of parcels looking north .:yam• .❑. �t•• .'Sr.�.. -. ��.. .r.'�A: --- - .. .. "A • - � ,tirk .'tC'S. ��•� �- .�.i'c��: it ..- � `�' 6^ � � •�.� •.►�.--d ���, �//1�,f _ `' .'�.. - -.��'�'.�•: .Ys 1. L- , - . �.aS i1 -J ''.*�." {.:,;. �•f�{�' '3 is ' �i ~ 'ram s •.: �:.•...a'. - _.� „ . � fn .1 , ON Approximate boundaries of parcels looking east N N O N L E d V N N r E O U O N a .y .3 a c R J r NN N U M V/ M m C M U M a+ a 45 Packet Pg. 873 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions This report makes use of data layers from the Florida Natural Areas Inventory and University of Florida Critical Lands and Waters Identification Project (CLIP4). CLIP4 is a collection of spatial data that identify statewide priorities for a broad range of natural resources in Florida. It was developed through a collaborative effort between the Florida Areas Natural Inventory (FNAI), the University of Florida GeoPlan Center and Center for Landscape Conservation Planning, and the Florida Fish and Wildlife Conservation Commission (FWC). It is used in the Florida Forever Program to evaluate properties for acquisition. CLIP4 is organized into a set of core natural resource data layers which are representative of 5 resource categories: biodiversity, landscapes, surface water, groundwater and marine. The first 3 categories have also been combined into the Aggregated layer, which identifies 5 priority levels for natural resource conservation. Below is a description of each of the three CLIP4 data layers used in this report. Figure 4 - CLIP4 Priority Natural Communities Consists of 12 priority natural community types: upland glades, pine rocklands, seepage slopes, scrub, sandhill, sandhill upland lakes, rockland hammock, coastal uplands, imperiled coastal lakes, dry prairie, upland pine, pine flatwoods, upland hardwood forest, or coastal wetlands. These natural communities are prioritized by a combination of their heritage global status rank (G-rank) and landscape context, based on the Land Use Intensity Index (subset of CLIP Landscape Integrity Index) and FNAI Potential Natural Areas. Priority 1 includes G1-G3 communities with Very High or High landscape context. Priority 2 includes G1-G3 Medium and G4 Very High/High. Priority 3 includes G4 Medium and G5 Very High/High. Priority 5 is G5 Medium. This data layer was created by FNAI originally to inform the Florida Forever environmental land acquisition program. The natural communities were mapped primarily based on the FNAI/FWC Cooperative Land Cover (CLC) data layer, which is a compilation of best -available land cover data for the entire state. The CLC is based on both remote -sensed (from aerial photography, primarily from water management district FLUCCS data) and ground-truthed (from field surveys on many conservation lands) data. Figure 10 - Potential Habitat Richness CLIP4 Map This CLIP version 4.0 data layer is unchanged from CLIP v3.0. FWC Potential Habitat Richness. Because SHCAs do not address species richness, FWC also developed the potential habitat richness layer to identify areas of overlapping vertebrate species habitat. FWC created a statewide potential habitat model for each species included in their analysis. In some cases, only a portion of the potential habitat was ultimately designated as SHCA for each species. The Potential Habitat Richness layer includes the entire potential habitat model for each species and provides a count of the number of species habitat models occurring at each location. The highest number of focal species co-occurring at any location in the model is 13. 46 N N O N L E a) U a) Packet Pg. 874 26.A.17 Initial Criteria Screening Report Folio Nos: 61731573007, 61731578002, 61731574006, 61731577003,61731576004,61731571009 Owner Names: Sit / Williams Date: December 7, 2022 Figure 11- CLIP4 Aquifer Recharge Priority and Wellfield Protection Zones High priorities indicate high potential for recharge to an underlying aquifer system (typically the Floridan aquifer but could be intermediate or surficial aquifers in some portions of the state). The N highest priorities indicate high potential for recharge to springs or public water supplies. This figure N also includes Wellfield Protection Zones. Collier County Wellfield Protection Zones are referenced in the Land Development Code and updated in 2010 by Pollution Control and Prevention Department L Staff. The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for potable water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as o protected wellfields, around which specific land use and activity (regulated development) shall be regulated under this section. 47 Packet Pg. 875 26.A.19 Conservation Collier Initial Criteria Screening Report Khoury Parcel Mitt, Miles Owner Name: Raja & Suzy Khoury Folio Number: 58109200009 Staff Report Date: December 7, 2022 Size: 0.43 acres Total Score: 260/400 200 160 150 100 85 80 66 80 67 80 50 4] C If] 0 1- Ecological 2 - Human Value 3 - Restoration 4 - Vulnerability Value and Management ■ Awarded Points ❑ Possible Points Packet Pg. 876 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Table of Contents Tableof Contents......................................................................................................................................... 2 1. Introduction........................................................................................................................................... 4 2. Summary of Property............................................................................................................................ 5 Figure 1 - Parcel Location Overview.........................................................................................................5 Figure2 - Parcel Close-up.........................................................................................................................6 2.1 Summary of Property Information....................................................................................................7 Table 1— Summary of Property Information.....................................................................................7 Figure 3 - Secondary Criteria Score....................................................................................................8 Table 2 - Secondary Criteria Score Summary.....................................................................................8 2.2 Summary of Assessed Value and Property Cost Estimates..............................................................9 Table 3. Assessed & Estimated Value................................................................................................9 2.2.1 Zoning, Growth Management and Conservation Overlays....................................................9 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10)...................................................... 10 3. Initial Screening Criteria......................................................................................................................12 3.1 Ecological Values............................................................................................................................. 12 3.1.1 Vegetative Communities....................................................................................................... 12 Table 4. Listed Plant Species.................................................................................................... 12 Figure 4 - CLIP4 Priority Natural Communities........................................................................ 13 Figure 5 - Florida Cooperative Land Cover Classification System ............................................ 14 Figure 6 - Maritime hammock vegetation within western half of parcel ................................ 15 Figure 7 — View of parcel looking southeast............................................................................ 15 3.1.2 Wildlife Communities............................................................................................................ 16 Table 5 — Listed Wildlife Detected........................................................................................... 16 Figure 8 — Map of October 2020 gopher tortoise burrow survey ........................................... 16 Figure 9 - Wildlife Spatial Data (i.e., telemetry, roosts, etc) .................................................... 17 Figure 10 - CLIP4 Potential Habitat Richness........................................................................... 18 3.1.3 Water Resources................................................................................................................... 19 Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones ............................ 20 Figure 12 - Collier County Soil Survey...................................................................................... 21 Figure 13 LIDAR Elevation Map............................................................................................... 22 3.1.4 Ecosystem Connectivity........................................................................................................ 23 2 Packet Pg. 877 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 Figure 14 - Conservation Lands............................................................................................... 23 3.2 Human Values................................................................................................................................. 24 3.2.1 Recreation............................................................................................................................. 24 3.2.2 Accessibility........................................................................................................................... 24 3.2.3 Aesthetic/Cultural Enhancement......................................................................................... 24 Figure 15 — Shell wall visible behind Mother -in -Laws tongue and Brazilian pepper ............... 24 3.3 Restoration and Management....................................................................................................... 25 3.3.1 Vegetation Management...................................................................................................... 25 3.3.1.1 Invasive Vegetation..................................................................................................... 25 3.3.1.2 Prescribed Fire............................................................................................................ 25 3.3.2 Remediation and Site Security.............................................................................................. 25 3.3.3 Assistance.............................................................................................................................. 25 3.4 Vulnerability.................................................................................................................................... 25 3.4.1 Zoning and Land Use............................................................................................................. 25 Figure16 —Zoning ................................................................................................................... 26 Figure17 —Future Land Use.................................................................................................... 26 3.4.2 Development Plans............................................................................................................... 27 4. Acquisition Considerations................................................................................................................... 27 S. Management Needs and Costs..............................................................................................................27 Table 6 - Estimated Costs of Site Remediation, Improvements, and Management ................ 27 6. Potential for Matching Funds.............................................................................................................. 27 7. Secondary Criteria Scoring Form......................................................................................................... 29 8. Additional Site Photos.........................................................................................................................35 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions......................................40 3 Packet Pg. 878 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 1. Introduction Folio Number: 58109200009 Date: December 7, 2022 The Conservation Collier Program (Program) is an environmentally sensitive land acquisition and management program approved by the Collier County Board of County Commissioners (Board) in 2002 and by Collier County Voters in 2002 and 2006. The Program was active in acquisition between 2003 and 2011, under the terms of the referendum. Between 2011 and 2016, the Program was in management mode. In 2017, the Collier County Board reauthorized Conservation Collier to seek additional lands (2/14/17, Agenda Item 11B). On November 3, 2020, the Collier County electors approved the Conservation Collier Re-establishment referendum with a 76.5% majority. This Initial Criteria Screening Report (ICSR) has been prepared for the Conservation Collier Program in its 11th acquisition cycle to meet requirements specified in the Conservation Collier Implementation Ordinance, 2002-63, as amended, and for purposes of the Conservation Collier Program. The sole purpose of this report is to provide objective data to demonstrate how properties meet the criteria defined by the ordinance. The following sections characterize the property location and assessed value, elaborate on the initial and secondary screening criteria scoring, and describe potential funding sources, appropriate use, site improvements, and estimated management costs. 4 Packet Pg. 879 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 2. Summary of Property Miles - Khoury Cycle IIAParcel Otter Mound Preserve Figure 1 - Parcel Location Overview Folio Number: 58109200009 Date: December 7, 2022 N N O N ti L d E d d CONS 1: It ATION COLLIER CA, c ...cy I Packet Pg. 880 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Miles Khoury Otter Mound Preserve Figure 2 - Parcel Close-up N N O N ti L d E d d CON ATION LLIER CA, c,,,cy Packet Pg. 881 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 2.1 Summary of Property Information Table 1 — Summary of Property Information Folio Number: 58109200009 Date: December 7, 2022 Characteristic Value Comments Name Khoury Raja & Suzy Khoury Folio Number 58109200009 Address: 1001 W. Inlet Dr., Marco Island Target Protection Urban Marco Island Target Mailing Area Cycle 11 Area Size 0.43 acres Section, Township, and Range 521, Twn 52, R26 Zoning RSF-3, Residential RSF-3 maximum density is 3 units per gross acre Category/TDRs Single Family FEMA Flood Map Special Flood Hazard Area with 1% annual chance of AE flooding and a 26/ chance over the life of a 30-year Category mortgage Existing structures None Residential, Single family residences to the north and west, Adjoining properties Undeveloped, undeveloped parcels to the south, and roadway (Inlet Dr.) and their Uses roadway to the east — with undeveloped parcels to the east of Inlet Dr. Development Plans Submitted None Known Property None known Irregularities Other County Dept None Parcel is within unincorporated Collier Interest N N 0 N ti L m E d m 0 Packet Pg. 882 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 180 160 140 120 100 80 60 40 20 0 160 1- Ecological Value Total Score: 260/400 80 41 2 - Human Value 80 66 3 - Restoration and Management ■ Awarded Points ❑ Possible Points Figure 3 - Secondary Criteria Score Table 2 - Secondary Criteria Score Summary Folio Number: 58109200009 Date: December 7, 2022 80 67 4 - Vulnerability Criteria Awarded Weighted Points Possible Weighted Points Awarded/Possible Points 1- Ecological Value 85 160 53% 1.1 - Vegetative Communities 43 53 80% 1.2 - Wildlife Communities 27 27 100% 1.3 - Water Resources 3 27 10% 1.4 - Ecosystem Connectivity 13 53 25% 2 - Human Values 41 80 52% 2.1 - Recreation 6 34 17% 2.2 - Accessibility 29 34 83% 2.3 - Aesthetics/Cultural Enhancement 7 11 63% 3 - Restoration and Management 66 80 83% 3.1 - Vegetation Management 55 55 100% 3.2 - Remediation and Site Security 9 23 40% 3.3 - Assistance 2 2 100% 4 - Vulnerability 67 80 83% 4.1 - Zoning and Land Use 58 58 100% 4.2 - Development Plans 9 22 40% Total 260 400 65% n. Packet Pg. 883 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 2.2 Summary of Assessed Value and Property Cost Estimates The interest being appraised is fee simple "as is" for the purchase of the site. A value of the parcel was estimated using only one of the three traditional approaches to value, the sales comparison approach. It is based on the principal of substitution that an informed purchaser would pay no more for the rights in acquiring a particular real property than the cost of acquiring, without undue delay, an equally desirable one. Three properties were selected for comparison, each with similar site characteristics, utility availability, zoning classification and road access. No inspection was made of the property or comparables used in this report and the Real Estate Services Department staff relied upon information solely provided by program staff. The valuation conclusion is limited only by the reported assumptions and conditions that no other known or unknown adverse conditions exist. Possible access concerns or limits to uses within the property unknown at the time of estimation will be taken into consideration at time of appraisal. If the Board of County Commissioners chooses to acquire this property, appraisals by independent Real Estate Appraisers will be obtained at that time. Pursuant to the Conservation Collier Purchase Policy, two appraisals are required for the Khoury parcel, which has an initial valuation greater than $500,000; 2 independent Real Estate Appraisers will value the subject property and the average of the two appraisal reports will determine the actual value of the subject property. Table 3. Assessed & Estimated Value Property owner Address Acreage Assessed EstimatedValue* Value** Raja & Suzy Khoury 1001 W Inlet Dr 0.43 $267,596 $720,000 * Assessed Value is obtained from the Property Appraiser's Website. The Assessed Value is based off the current use of the property. ** The Estimated Market Value for the Khoury parcel was obtained from the Collier County Real Estate Services Department in November 2022. 2.2.1 Zoning, Growth Management and Conservation Overlays Zoning, growth management and conservation overlays will affect the value of a parcel. The parcel is zoned Residential Single-Family-3. The maximum building density is 3 units per gross acre. 0 Packet Pg. 884 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 2.3 Initial Screening Criteria Satisfaction (Ord. 2002-63, Sec. 10) Criteria 1: Native Habitats Are any of the following unique and endangered plant communities found on the property? Order of preference as follows: i. Hardwood hammocks Yes ii. Xeric oak scrub No iii. Coastal strand No iv. Native beach No V. Xeric pine No vi. Riverine Oak No vii. High marsh (saline) No viii. Tidal freshwater marsh No ix. Other native habitats No Statement for Satisfaction of Criteria 1: Eastern half of parcel contains Tropical Hardwood Hammock — western half is cleared and mowed Criteria 2: Human Social Values Does land offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? YES Statement for Satisfaction of Criteria 2: This parcel is in the Urban Target Protection Area on Marco Island and has access from a public road. The parcel provides wildlife viewing and greenspace in a developed area. The parcel is too small to accommodate extensive trails but can be enjoyed from the sidewalk/road. Criteria 3: Water Resources Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? NO Statement for Satisfaction of Criteria 3: The parcel does not contain wetlands and does not significantly contribute to the aquifer. 10 Packet Pg. 885 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Criteria 4: Biological and Ecological Value Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? YES Statement for Satisfaction of Criteria 4: The parcel is adjacent to Otter Mound Preserve and contains migratory bird habitat and active gopher tortoise burrows. N CD Criteria 5: Enhancement of Current Conservation Lands ti L d Does the property enhance and/or protect the environmental value of current conservation lands E aD through function as a buffer, ecological link or habitat corridor? YES 0 Is this property within the boundary of another agency's acquisition project? No Statement for Satisfaction of Criteria 5: The parcel is adjacent to Otter Mound Preserve 11 Packet Pg. 886 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 3. Initial Screening Criteria 3.1 Ecological Values 3.1.1 Vegetative Communities The parcel consists primarily of disturbed, maritime hammock on the eastern half and cleared, mowed grass on the western half. Maritime hammock is a predominantly evergreen hardwood forest growing on stabilized coastal dunes. Some of the components of this category that were observed on the parcel include: gumbo limbo (Bursera simaruba), jaimacan dogwood (Piscidia piscipula), strangler fig (Ficus aurea), Florida privet (Forestiera segregata), Simpson's stopper (Myrcianthes fragrans), cabbage palm (Sabal palmetto), and hoopvine (Trichostigma octandrum). Most of the parcel was subject to storm surge during Hurricane Ian on September 28, 2022, as evidenced by the dead grass throughout most of the western half of the parcel, 2 dead cabbage palms, and the stressed appearance of several Jamaican dogwoods, Simpson's stoppers, and gumbo limbos. The only grass observed growing within the parcel were fingergrass saltmarsh fingergrass (Eustachys glauca) and another unidentified species of fingergrass (Eustachys sp.) Brazilian pepper (Schinus terebinthifolia) and Java plum (Syzygium cumini) are present within the eastern side of the parcel with Mother -in-laws tongue (Dracaena hyacinthoides) blanketing much of the ground. A large pencil cactus (Euphorbia tirucalli) also exists on the eastern side of the parcel. Brazilian pepper is growing around a single gumbo limbo tree within the western side of the parcel. Table 4. Listed Plant Species Common Name Scientific Name State Status Federal Status Hoopvine Trichostigma octandrum State Endangered n/a 12 N N O N ti `m E as m 0 Packet Pg. 887 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 QKhoury CLIP4 Priority Natural Communities Priority 1 (highest) Priority 2 Priority 3 Priority 4 Figure 4 - CLIP4 Priority Noturol Communities CON -E R. ATION ttIER Ca er Couxty 13 N N O N r- L d E d d Packet Pg. 888 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Miles Khoury Land Cover Residential, Med. Density - 2-5 Dwelling Units/AC Transportation Figure 5 - Florida Cooperative Land Cover Classification System CON Ei2yAT I O N C� LLIER Ca er Couxty 14 Packet Pg. 889 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Figure 6 - Maritime hammock vegetation within western half of parcel Figure 7 — View of parcel looking southeast Folio Number: 58109200009 Date: December 7, 2022 15 N N O N ti L d E d d Packet Pg. 890 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 3.1.2 Wildlife Communities An active gopher tortoise (Gopherus polyphemus) burrow was observed on the parcel during the site visit and a gopher tortoise burrow survey conducted by Audubon of the Western Everglades staff on October 6, 2020 located 9 potentially occupied burrows and 8 abandoned burrows on the parcel. The maritime hammock community within the Khoury parcel also provides habitat for migratory bird species. Green iguanas (Iguana iguana) have also been observed within the parcel and adjacent preserve. Although burrowing owls (Athene cunicularia) have not been observed on the parcel, they are nesting on adjacent parcels and it is feasible that they utilize the Khoury parcel. Table 5 — Listed Wildlife Detected Common Name Scientific Name State Status Federal Status Mode of Detection Gopherus Active burrow observed Gopher tortoise Threatened n/A polyphemus during site visit Figure 8 — Map of October 2020 gopher tortoise burrow survey 16 N N O N ti as E as m 0 Packet Pg. 891 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 wgTso /VRa LUDLpWRb = LVOLO UV Rb n1CILVqINE Or o F`f +�2i ccr .'P M U) co ADDISON CT O m � O con HE/GHr S r C r M n o m X a z 0) U r m O X p S INLET DR 0 0.25 0.5 Miles - Khoury Otter Mound Preserve Jr Figure 9 - Wildlife Spotiol Data (i.e., telemetry, roosts, etc) N CON A71ON LLIER Co er Cotutty ` - N N 0 N r- `m m d N r r E E O U 21, rn Q c O N M a s= O J r r N U O Y LO to c d E U a r r Q 17 Packet Pg. 892 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Q Khoury VALUE 1 species 2-4 species 5-6 species _ 7 species 8-13 species Figure 10 - CLIP4 Potential Habitat Richness CON4MATION N A—Cownty 18 N N O N ti L d E d d Packet Pg. 893 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 3.1.3 Water Resources Folio Number: 58109200009 Date: December 7, 2022 The parcel does not significantly protect water resources, beyond adding very minimally to the surficial aquifer. The parcel and adjacent properties are comprised entirely of uplands. No wetlands exist on site, and the parcel is not within a wellfield protection zone. The parcel does afford some storm surge protection, as it withstood storm surge inundation from Hurricane Ian on September 28, 2022. Soils data is based on the Soil Survey of Collier County Area, Florida (USDA/NRCS, 1990). Mapped soils on this parcel show the entire site to be "Urban Land - Aquents Complex, Organic Substratum", consisting of materials that have been dug from different areas in the county and spread over muck soils for coastal urban development. The far eastern edge of the parcel also appears to encompass a small portion of the shell midden that comprises Otter Mound Preserve. 19 Packet Pg. 894 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Miles QKhoury Wellfield Protection Zones 1-YEAR 2-Y EAR 5-Y EAR - _ = 20-YEAR CLIP4 Aquifer Recharge Priority 1- HIGHEST Priority 2 Priority 3 Priority 4 Priority 5 Priority 6 Co er Couxty Figure 11 - CLIP Aquifer Recharge Priority and Wellfield Protection Zones CON E . ATION LLIER 20 N N O N ti L d E U d Packet Pg. 895 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Miles Khoury Soil Type URBAN LAND -AQUENTS COMPLEX, ORGANIC SUBSTRATUM Figure 12 - Collier County Soil Survey CON Ei2yAT I O N C� LLIER Ca er Couxty 21 N N O N ti L d E V d Packet Pg. 896 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 Miles Khoury LIDAR Value High : 104.644 Low: -4.11745 Figure 13 LIDAR Elevation Mop CONUMATION LLIER Co ev County 22 N N O N r- L d E d d Packet Pg. 897 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 3.1.4 Ecosystem Connectivity The parcel is directly adjacent to Otter Mound Preserve on its eastern boundary. Miles Khoury Otter Mound Preserve Managed Conservation Areas Conservation Areas Figure 14 - Conservation Lands coN ATEON -� LLIEE2 CA., Coxxty ' N N O N r- L d E d d 23 Packet Pg. 898 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 3.2 Human Values 3.2.1 Recreation Folio Number: 58109200009 Date: December 7, 2022 This parcel is bordered by a road along its entire western and northern edges. Birdwatching and photography would be encouraged from the Addison Court sidewalk. A short trail to allow for public viewing of the western side of the Otter Mound Preserve shell wall could be possible. 3.2.2 Accessibility The parcel is visible from 2 public roads with a sidewalk adjacent on its northern boundary. No pedestrian or vehicular access onto the parcel would be recommended. The parcel is approximately 175 feet west of the Otter Mound Preserve parking lot. 3.2.3 Aesthetic/Cultural Enhancement This parcel is in the Urban Target Protection Area on Marco Island and has access from a public road. The parcel provides wildlife viewing and greenspace in a neighborhood where nearly every lot is developed. The parcel can be enjoyed from the Addison Rd. sidewalk. Archaeological Site 8CR107 encompasses the entire parcel. The Caxambas Point Shell Midden (8CR107) is characterized as an extensive multi -component black -earth and shell midden site covering most of the Caxambas area, which dates to the Late Archaic Period (4950-2700 B.P.) and the Glades I Period (2700-1200 B.P.). Figure 15 — Shell wall visible behind Mother -in -Laws tongue and Brazilian pepper 24 Packet Pg. 899 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 3.3 Restoration and Management Folio Number: 58109200009 Date: December 7, 2022 3.3.1 Vegetation Management 3.3.1.1 Invasive Vegetation Approximately 20-25% of the parcel is covered with invasive vegetation — primarily Mother -in-laws tongue. Several Brazilian pepper and java plum trees also exist within the parcel. The pencil cactus along the eastern side should be handled with care as its milky sap can cause redness, rashes, itching, and blistering. Care should be taken when controlling the Mother -in-laws tongue. Treatments of similar infestations within Otter Mound Preserve resulted in non -target, herbicide damage to native trees. 3.3.1.2 Prescribed Fire The parcel does not contain a fire dependent community. 3.3.2 Remediation and Site Security No site security issues appear to exist within the parcel. Educational signage regarding the importance of the parcel for native wildlife could be installed to discourage trespass and littering. 3.3.3 Assistance Assistance with gopher tortoise monitoring on this parcel will be provided by the Audubon of the Western Everglades. Funding assistance for invasive/nuisance plant removal may be sought from the Florida Fish and Wildlife Conservation Commission. 3.4 Vulnerability 3.4.1 Zoning and Land Use The parcel is zoned RSF-3, Residential Single Family. Residential Single Family Districts are intended to be single-family residential areas of low density. Permitted uses include single-family dwellings, family care facilities (subject to the Land Development Code), and public parks and open space. The Future Land Use of the parcel is Low Density Residential — 0-4 units per acre. The lot is vulnerable to development for a home. 25 N N O N ti as as 0 Packet Pg. 900 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury ZONING MAP CrrY OF • ISLAND Legend Q Cl1T Limits CF. ReclOpen/GC/ST C-114 Dill.- GC. R,,10NA ;c^T --- -- SpeclaflTcmauni P, RecA)i ./GC'w o pu els PUD, PIJD Z-1ing RMF-12. MVINF-1, ® Cf/T,Cammeeelal - RMF-KMWI Fa"I, o C-1. CamelerW ® RWF6. Afaffi Tautly ® C-3, Comal `rc M a RSF-2. Slagle Fanuly - L-4. Cammemlal O RSF-3, Slagle Penally ® C�5. COM—Neal RSr4, Slagle Famlly . A, Rtt/Op®/GC/5 ® RT, ResldeN}y TmdO O CON'.RcrATPea,GC ST O Kh—y Parcel 5C'AgL s;l?,gpa 0 0.xs o.s 1 Neva I i . IXECIAMIaR a�R"Cxy of NxmIYYNgnome O e9 CIA Ca Pm qv WM e a�Ya �rlxwe nMMbpv��ne vivnM� Myv�n.Y a.v N nknreem aM�un i b reM1rcaagoNy 2".r+ne'nfwmaem ¢ uxrentlyurfer renew erA aWjec b crarg�. Figure 16—Zoning CITY OF MARCO ISLAND FUTURE LAND USE MAP FUTURE LAND USE LEGEND LOW DENSITY RESIDENTIAL VIL—r COMMEIxaAL 0-4 UNITS PER ACRE - MEDIUMDENSITYRESIDEWT COMMUNIfYCOMMERCIAL "UNITS PERACRE -HIGH DENSITY RESIDENTIAL TOWN CENTER I MIXED USE D-16 UNITS PER ACRE HEAVYCOMMERCIAL -RESORTf RESIDENTIAL 0.16 UNITS PER ACRE 0-26 HOTEUMOTEL UNITS PRESERVATION I CONSERVATION- Private COMMUNITY FACILITY PRESERVATION ICONSERVATION-Pu6sc `. PLANNED UNIT DEVELOPMENT Khoury I. —I N m among a0e�ee cxf«Ma,o nia rwu a. wo ,eau oe.eiro,.en.rre auos ,hwro ��� ��.:�;� r �-�: a� x m. avpKene vwm m�naw Iwe n ertArxeA aneea..AW eawe.l � arYOmndl. mmrmor Rw rs.ww. oammor Figure 17—Future Land Use Folio Number: 58109200009 Date: December 7, 2022 erx 6r1 96f - 860 s90 B60 art ID6 Rao �t 965 964 9T0 93l 900 1770 786 1790 1810 975 1840 NO 991 910 A SO 1001 1785 791 '"a't77F f 920 IT61 18x1 1831 1891 1011 fate 930 fT30 gaga 1011 1421 F83 S, F2l 25 940 1771 1031 x int 1021 M21 I036 950 1701 1091 1028 1046 960 1013 1820 1830 1051 1034 846 I650 9T0 3061 1801 980 ,1a39 1849 1859 fOT1 0 u N N 0 N ti I_ d I d E I_ O U 21, Q O r .N a Q J r N U_ I O Y to i d L V M Q 26 Packet Pg. 901 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 3.4.2 Development Plans The parcel is not currently planned for development; however, its location near developed residential lots along a roadway makes it vulnerable to development. Although the gopher tortoises present on the parcel would make development cost prohibitive, development is still possible. 4. Acquisition Considerations Staff would like to bring the following items to the attention of the Advisory Committee during the N c review of this property. The following items may not have significantly affected the scoring but are ti worth noting. E Staff recommends obtaining a survey of the southern boundary line of the site to ensure property ownership boundaries. o 5. Management Needs and Costs Table 6 - Estimated Costs of Site Remediation, Improvements, and Management Management Initial Annual Comments Element Cost Recurring Cost Invasive Vegetation $5,000 $500 After initial control, maintenance treatments can be Removal incorporated into the Otter Mound Preserve rotation Signage $5,000 $100 Educational signage and signage denoting the property as Conservation Collier preserve TOTAL $12,500 $1,100 6. Potential for Matching Funds The primary partnering agencies for conservation acquisitions, and those identified in the ordinance are the Florida Communities Trust (FCT) and The Florida Forever Program. The following highlights potential for partnering funds, as communicated by agency staff. Florida Communities Trust - Parks and Open Space Florida Forever grant program: The FCT Parks and Open Space Florida Forever grant program provides grant funds to local governments and nonprofit organizations to acquire conservation lands, urban open spaces, parks and greenways. Application for this program is typically made for pre -acquired sites up to two years from the time of acquisition. The Parks and Open Space Florida Forever grant program assists the Department of Environmental Protection in helping communities meet the challenges of growth, supporting viable community development and protecting natural resources and open space. The program receives 21 percent Florida Forever appropriation. Florida Forever Program: Staff has been advised that the Florida Forever Program is concentrating on funding parcels already included on its ranked priority list. This parcel is not inside a Florida Forever priority project boundary. Additionally, the Conservation Collier Program has not been successful in 27 Packet Pg. 902 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 partnering with the Florida Forever Program due to conflicting acquisition policies and issues regarding joint title between the programs. Additional Funding Sources: There are no additional funding sources known at this time. N N O N ti L d E d d 28 Packet Pg. 903 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury 7. Secondary Criteria Scoring Form Folio Number: 58109200009 Date: December 7, 2022 Property Name: Khoury Target Protection Mailing Area: Marco Island - Otter Mound Preserve Folio(s): 58109200009 Secondary Criteria Scoring Possible Points Awarded Points percentage 1- Ecological Value 160 85 53 2 - Human Value 80 41 52 3 - Restoration and Management 80 66 83 4 - Vulnerability 80 67 83 TOTALSCORE 400 260 65 1 - ECOLOGICAL VALUES (40% of total) Possible Awarded Comments Points Points 1.1 VEGETATIVE COMMUNITIES 200 160 1.1.1- Priority natural communities (Select highest score) a. Parcel contains CLIP4 Priority 1 communities (1130 - Rockland Hammock, 1210 - Scrub, 1213 - Sand Pine Scrub, 1214 - Coastal Scrub, 1312 - Scrubby Flatwoods, 1610 - Beach Dune, 1620 - Coastal Berm, 100 100 Maritime 1630 - Coastal Grasslands, 1640 - Coastal Strand, or 1650 - Maritime Hammock Hammock) b. Parcel contains CLIP4 Priority 2 communities (22211 - Hydric Pine Flatwoods, 2221 - Wet Flatwoods, or 1311- Mesic Flatwoods) 60 c. Parcel contains CLIP4 Priority 3 communities (5250 - Mangrove Swamp, or 5240 - Salt Marsh) 50 d. Parcel contains CLIP4 Priority 4 communities (5250 - Mangrove Swamp) 25 1.1.2 - Plant community diversity (Select the highest score) a. Parcel has >_ 3 CLC native plant communities (Florida Cooperative Land Cover Classification System native plant communities) 20 b. Parcel has S 2 CLC native plant communities 10 10 Maritime Hammock c. Parcel has 0 CLC native plant communities 0 1.1.3 - Listed plant species (excluding commercially exploited species) (Select the highest score) a. Parcel has >_5 CLC listed plant species 30 b. Parcel has 3-4 CLC listed plant species 20 c. Parcel has <_ 2 CLC listed plant species 10 10 Hoopvine d. Parcel has 0 CLC listed plant species 0 1.1.4 - Invasive Plant Infestation (Select highest score) a. 0 - 10% infestation 50 b. 10 - 25% infestation 40 40 c. 25 - 50% infestation 30 29 N N 0 N ti L m E d m Packet Pg. 904 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 d. 50 - 75% infestation 20 e. >_75% infestation 10 1.2 - WILDLIFE COMMUNITIES 100 100 1.2.1- Listed wildlife species (Select the highest score) a. Listed wildlife species documented on the parcel 80 80 gopher tortoise b. Listed wildlife species documented on adjacent property 60 c CLIP Potential Habitat Richness >_5 species 40 d. No listed wildlife documented near parcel 0 1.2.2 - Significant wildlife habitat (Rookeries, roosts, denning sites, nesting grounds, high population densities, etc) (Select highest score) a. Parcel protects significant wildlife habitat (Please describe) 20 20 9 potentially occupied gopher tortoise burrows in 10-2020 b. Parcel enhances adjacent to significant wildlife habitat (Please describe) 10 c. Parcel does not enhance significant wildlife habitat 0 1.3 - WATER RESOURCES 100 10 1.3.1- Aquifer recharge (Select the highest score) a. Parcel is located within a wellfield protection zone or within a CLIP4 Aquifer Recharge Priority 1 area 40 b. Parcel is located within a CLIP4 Aquifer Recharge Priority 2 or 3 area 30 c. Parcel is located within a CLIP4 Aquifer Recharge Priority 4 or 5 area 20 d. Parcel is located within a CLIP4 Aquifer Recharge Priority 6 area 0 0 1.3.2 - Surface Water Protection (Select the highest score) a. Parcel is contiguous with and provides buffering for an Outstanding Florida Waterbody 30 b. Parcel is contiguous with and provides buffering for a creek, river, lake, canal or other surface water body 20 c. Parcel is contiguous with and provides buffering for an identified flowway 15 d. Wetlands exist on site 10 e. Parcel does not provide opportunities for surface water quality enhancement 0 0 1.3.3 - Floodplain Management (Select all that apply) a. Parcel has depressional or slough soils 10 b. Parcel has known history of flooding and is likely to provide onsite water attenuation 10 30 N N O N ti `m E d m 0 Packet Pg. 905 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 Nearly entire parcel was C. Parcel provides storm surge buffering washed over by storm surge during Hurricane 10 10 Ian d. Parcel does not provide floodplain management benefits 0 1.4 - ECOSYSTEM CONNECTIVITY 200 50 1.4.1 - Acreage (Select Highest Score) a. Parcel is >_ 300 acres 150 b. Parcel is >_ 100 acres 100 b. Parcel is >_ 50 acres 75 c. Parcel is >_ 25 acres 25 d. Parcel is >_ 10 acres 15 e. Parcel is < 10 acres 0 0 1.4.2 - Connectivity (Select highest score) a. Parcel is immediately contiguous with conservation lands 50 50 b. Parcel is not immediately contiguous, but parcels between it and nearby conservation lands are undeveloped 25 c. Parcel is isolated from conservation land 0 ECOLOGICAL VALUES TOTAL POINTS 600 320 ECOLOGICAL VALUES WEIGHTED SCORE (Awarded Points/Possible Points*160) 160 85 2 - HUMAN VALUES (20%) Possible Points Awarded Points Comments 2.1 - RECREATION 120 20 2.1.1- Compatible recreation activities (Select all that apply) a. Hunting 20 b. Fishing 20 c. Water -based recreation (paddling, swimming, etc) 20 d. Biking 20 e. Equestrian 20 f. Passive natural -resource based recreation (Hiking, photography, wildlife watching, environmental education, etc) 20 20 g. Parcel is incompatible with nature -based recreation 0 2.2 - ACCESSIBILITY 120 100 2.2.1- Seasonality (Select the highest score) a. Parcel accessible for land -based recreation year round 20 20 b. Parcel accessible for land -based recreation seasonally 10 31 N N 0 N ti `m E d m 0 Packet Pg. 906 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 c. Parcel is inaccessible for land -based recreation 0 2.2.2 - Vehicle access (Select the highest score) a. Public access via paved road 50 50 b. Public access via unpaved road 30 c. Public access via private road 20 d. No public access 0 2.2.3 - Parking Availability (Select the highest score) a. Minor improvements necessary to provide on -site parking 40 b. Major improvements necessary to provide on -site parking (Requires site development plan) 25 b. Public parking available nearby or on adjacent preserve 20 20 c. Street parking available 10 d. No public parking available 0 2.2.4 - Pedestrian access (Select the highest score) a. Parcel is easily accessible to pedestrians (within walking distance of housing development) 10 10 b. Parcel is not easily accessible to pedestrians 0 2.3 - AESTHETICS/CULTURAL ENHANCEMENT 40 25 2.3.1- Aesthetic/cultural value (Choose all that apply) a. Mature/outstanding native vegetation 5 b. Scenic vistas 5 c. Frontage enhances aesthetics of public thoroughfare 10 10 d. Archaeological/historical structures present 15 15 e. Other (Please describe) 5 f. None 0 HUMAN VALUES TOTAL SCORE 280 145 HUMAN VALUES WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 41 3 - RESTORATION AND MANAGEMENT (20%) Possible Awarded Comments Points Points 3.1 - VEGETATION MANAGEMENT 120 120 3.1.1- Invasive plant management needs (Select the highest score) a. Minimal invasive/nuisance plant management necessary to restore and maintain native plant communities (<30%) 100 100 b. Moderate invasive/nuisance plant management necessary to restore and maintain native plant communities (30-65%) 75 c. Major invasive/nuisance plant management necessary to restore and maintain native plant communities (>65%) 50 d. Major invasive/nuisance plant management and replanting necessary to restore and maintain native plant communities (>65%) 25 e. Restoration of native plant community not feasible 0 32 N N 0 N ti L m E d m 0 Packet Pg. 907 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 3.1.2 - Prescribed fire necessity and compatibility (Select the highest score) a. Parcel contains fire dependent plant communities and is compatible with prescribed fire or parcel does not contain fire dependent plant 20 20 communities b. Parcel contains fire dependent plant communities and is incompatible with prescribed fire 0 3.2 - REMEDIATION AND SITE SECURITY 50 20 3.2.1 - Site remediation and human conflict potential (Dumping, contamination, trespassing, vandalism, other) (Select the highest score) a. Minimal site remediation or human conflict issues predicted 50 b. Moderate site remediation or human conflict issues predicted (Please Native describe) 20 20 plantings necessary c. Major site remediation or human conflict issues predicted (Please describe) 5 d. Resolving site remediation or human conflict issues not feasible 0 3.3 - ASSISTANCE 5 5 3.4.1 - Management assistance by other entity Audubon of Western a. Management assistance by other entity likely 5 5 Everglades gopher tortoise b. Management assistance by other entity unlikely 0 RESTORATION AND MANAGEMENT TOTAL SCORE 175 145 RESTORATION AND MANAGEMENT WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 66 4 - VULNERABILITY (20%) Possible Points Awarded Points Comments 4.1 - ZONING AND LAND USE 130 130 4.1.1- Zoning and land use designation (Select the highest score) a. Zoning allows for Single Family, Multifamily, industrial or commercial 100 100 b. Zoning allows for density of no greater than 1 unit per 5 acres 75 c. Zoning allows for agricultural use /density of no greater than 1 unit per 40 acres 50 d. Zoning favors stewardship or conservation 0 4.1.2 - Future Land Use Type (Select the highest score) a. Parcel designated Urban 30 30 b. Parcel designated Estates, Rural Fringe Receiving and Neutral, Agriculture 25 c. Parcel designated Rural Fringe Sending, Rural Lands Stewardship Area 5 33 N N 0 N P. L m E aD m 0 Packet Pg. 908 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 d. Parcel is designated Conservation 0 4.2 - DEVELOPMENT PLANS 50 20 4.2.1- Development plans (Select the highest score) a. Parcel has been approved for development 20 b. SFWMD and/or USACOE permit has been applied for or SDP application has been submitted 15 c. Parcel has no current development plans 0 0 4.2.2 - Site characteristics amenable to development (Select all that apply) a. Parcel is primarily upland 10 10 b. Parcel is along a major roadway 10 10 c. Parcel is >10 acres 5 d. Parcel is within 1 mile of a current or planned commercial or multi- unit residential development 5 VULNERABILITY TOTAL SCORE 180 150 VULNERABILITY WEIGHTED SCORE (Awarded Points/Possible Points*80) 80 67 34 Packet Pg. 909 ' ter O �"a= R , �- a �� WX Cto5 a a -M „� �,_ i. i 1 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Saltmarsh fingergrass View of parcel looking west along Addison Ct. Folio Number: 58109200009 Date: December 7, 2022 36 N N O N ti L d E 0 V d a Packet Pg. 911 � � �9�r �� �� ����° •, ate k lr IP k �4511, 5 i �, a ��' � r ."1♦ i�1r a'f ta:_ I xe}� �Faa.�� sy�51a a v �i��':�k lN'p��a-�� � e� 3 ak, `�� t 's�r��t � 'SR'�. � a �,d� ,�i � •'.r¢ p F .. Y � T 5 �eg� � s s'; t r ' w 1st a'�'•, ,� �,C ` - '" w a .a -10 All 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury View of parcel looking NW View facing west — boundary is approximate Folio Number: 58109200009 Date: December 7, 2022 ou IN Packet Pg. 913 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury View of parcel facing north — boundary lines are approximate View of parcel facing south — boundary lines are approximate Folio Number: 58109200009 Date: December 7, 2022 J W . 39 Packet Pg. 914 26.A.19 Initial Criteria Screening Report Folio Number: 58109200009 Owner Names: Raja & Suzy Khoury Date: December 7, 2022 APPENDIX 1— Critical Lands and Water Identification Maps (CLIP) Definitions This report makes use of data layers from the Florida Natural Areas Inventory and University of Florida Critical Lands and Waters Identification Project (CLIP4). CLIP4 is a collection of spatial data that identify statewide priorities for a broad range of natural resources in Florida. It was developed through a collaborative effort between the Florida Areas Natural Inventory (FNAI), the University of Florida GeoPlan Center and Center for Landscape Conservation Planning, and the Florida Fish and Wildlife N CD Conservation Commission (FWC). It is used in the Florida Forever Program to evaluate properties for N acquisition. CLIP4 is organized into a set of core natural resource data layers which are representative L a) of 5 resource categories: biodiversity, landscapes, surface water, groundwater and marine. The first 3 E categories have also been combined into the Aggregated layer, which identifies 5 priority levels for as natural resource conservation. o Below is a description of each of the three CLIP4 data layers used in this report. Fieure 4 - CLIP4 Prioritv Natural Communities Consists of 12 priority natural community types: upland glades, pine rocklands, seepage slopes, scrub, sandhill, sandhill upland lakes, rockland hammock, coastal uplands, imperiled coastal lakes, dry prairie, upland pine, pine flatwoods, upland hardwood forest, or coastal wetlands. These natural communities are prioritized by a combination of their heritage global status rank (G-rank) and landscape context, based on the Land Use Intensity Index (subset of CLIP Landscape Integrity Index) and FNAI Potential Natural Areas. Priority 1 includes G1-G3 communities with Very High or High landscape context. Priority 2 includes G1-G3 Medium and G4 Very High/High. Priority 3 includes G4 Medium and G5 Very High/High. Priority 5 is G5 Medium. This data layer was created by FNAI originally to inform the Florida Forever environmental land acquisition program. The natural communities were mapped primarily based on the FNAI/FWC Cooperative Land Cover (CLC) data layer, which is a compilation of best -available land cover data for the entire state. The CLC is based on both remote -sensed (from aerial photography, primarily from water management district FLUCCS data) and ground-truthed (from field surveys on many conservation lands) data. Fieure 10. Potential Habitat Richness CLIP4 Ma This CLIP version 4.0 data layer is unchanged from CLIP v3.0. FWC Potential Habitat Richness. Because SHCAs do not address species richness, FWC also developed the potential habitat richness layer to identify areas of overlapping vertebrate species habitat. FWC created a statewide potential habitat model for each species included in their analysis. In some cases, only a portion of the potential habitat was ultimately designated as SHCA for each species. The Potential Habitat Richness layer includes the entire potential habitat model for each species and provides a count of the number of species habitat models occurring at each location. The highest number of focal species co-occurring at any location in the model is 13. 40 Packet Pg. 915 26.A.19 Initial Criteria Screening Report Owner Names: Raja & Suzy Khoury Folio Number: 58109200009 Date: December 7, 2022 Figure 11: CLIP4 Aquifer Recharge Priority and Wellfield Protection Zones High priorities indicate high potential for recharge to an underlying aquifer system (typically the Floridan aquifer but could be intermediate or surficial aquifers in some portions of the state). The highest priorities indicate high potential for recharge to springs or public water supplies. This figure also includes Wellfield Protection Zones. Collier County Wellfield Protection Zones are referenced in the Land Development Code and updated in 2010 by Pollution Control and Prevention Department Staff. The public water supply wellfields, identified in section 3.06.06 and permitted by the SFWMD for potable water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as protected wellfields, around which specific land use and activity (regulated development) shall be regulated under this section. 41 N N O N ti as E as as 0 Packet Pg. 916 uol;lslnb3V pue- : LLpVZ) ZZOZ-9-Za3SIAgN - sdew MOIAJOAO a4 GIOA3 - 09 :;uauayoelly CD/(aoslnpV N i ci coN _ �j N U � W L) co ? a tD N O N N U W r� m M m ci m 0') O z d U N U U L U L co CD�? U T) N@ � U r- _ co � -r-Lo m O (0 D_ 0 `n Y L) � a eO m o N > L m O Y Y c/> d Qm U) o E Q _o > T LO>O �_ c ii O L H E M m Co V vi m 2 i m U m L � : m > O c� U U U Ln _ 3 U Q E mN Q s U a U U U G: W O N d CM m Z `. 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O 'ILA) v' OU �"' C to ..fir N .ter ��- O N U v 0 a a y g v A O (i by - y \bo V4.y p " "O �+ � 0 „•. �-' U cn .,� � f". 4..0 it 9 u O O=— c� �axtn2OuxP. as 3oUOwOQ 20.NCA x - aall!w aoo AiOSInpV uoi;isinb3V pue-1 : L�4K) peuigwoo sopewwng Apedo.ad - �VL39 :;uauiyae};d ti O O Sub _:>y, . . . . . . . . . LIL� - _ In V— Ln07N 0 1 zc a d z Y v � 26.A.24 CREW Land & Water Trust Conservation Collier Land Acquisition Advisory Committee (CCLAAC) RE: CCLAAC - Cycle 11B Ranking Process 23998 Corkscrew Road Estero, FL 33928 239/657-2253 crewtrust@crewtrust.org November 3, 2022 The CREW Land & Water Trust would like to express our support for the ranking and acquisition of Cycle 11B nominated parcel: John Edwin English Trust (Folio 00053560005/59.01 acres). Over the years, Conservation Collier has successfully acquired lands within the greater 60,000-acre Corkscrew Regional Ecosystem Watershed (CREW) Project. This investment has continued to ensure flood mitigation, resource protection, habitat preservation for many protected species, and the provision of recreational opportunities for the public. The indicated parcel will enhance the ecological and hydrological benefits of CREW because of its location adjacent to Pepper Ranch Preserve and its siting within the broader Corkscrew swamp and marsh complex within the greater CREW Project. N N O N ti L E am U am 0 Ecologically, acquisition of this parcel would benefit biodiversity conservation by enhancing habitatWY availability and regional connectivity within existing wildlife corridors. It is noted that these parcels are r- r likely important habitats for many of the same species known to utilize adjacent county and state conservation areas. Acquisition of these parcels will also help buffer and enhance the hydrologic L integrity of the entire CREW Project.? The CREW Land & Water Trust requests that this parcel receive high prioritization during your ranking process due to its ecological and hydrological significance. We are committed to contributing $5,000 for the acquisition of this nomination to show our support. Thank you for your consideration, Executive Director CREW Land & Water Trust 23998 Corkscrew Rd, Estero FL 33928 rlucius@crewtrust.org CREW Land & Water Trust is a 501(c)(3) nonprofit organization; therefore, your generous donation is tax deductible to the extent allowed by law. www.crewtrust.org Dedicated to the preservation and stewardship of the water resources and natural communities in and around the Corkscrew Regional Ecosystem Watershed 0 r U co c m E t U a r Q Packet Pg. 1008 Miles T 4— N m U L cu ,A L /0 V im L 0 L 0 U 0 c� L A N Lo N O O It m lei Na) L 0 U c 0 4— co a� U) c 0 0 Iq 0 C a 26.A.27 Conservation Collier Land Acquisition Program Initial Screening Criteria Form Location Description: Off Blue Sage Dr., adjacent to Nancy Payton Preserve Property Description Owner Address and/or Folio Acreage Run He Lie 61731080202 0.5 Nominations to the Conservation Collier Program are based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria. 1. Does the property contain native plant communities? If yes, are any of the following unique and endangered plant communities present on the property? (Ord. 2002-63, Sec 10(1)(a) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): Parcel contains Pine flatwoods Ordinance Plant Community Corresponding Priority Natural Community (Florida Cooperative Land Cover System) Presence Tropical Hardwood Hammock Upland Hardwood Forest ❑ Xeric Oak Scrub Scrub ❑ Coastal Strand Coastal Upland ❑ Native Beach Coastal Upland ❑ Xeric Pine Scrub/Pine Flatwood ❑ Riverine Oak - ❑ High Marsh (Saline) Coastal Wetland ❑ Tidal Freshwater Marsh Coastal Wetland ❑ Other Native Habitats 2. Does the property offer significant human social values, such as equitable geographic distribution, appropriate access for nature -based recreation, and enhancement of the aesthetic setting of Collier County? Ord. 2002-63, Sec. 10 (1)(b) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): This parcel can be viewed from Blue Sage Dr. and is adjacent to the Nancy Payton Preserve. It could easily be incorporated into the preserve trail system for nature -based recreation. Packet Pg. 1013 26.A.27 3. Does the property offer opportunities for protection of water resource values, including aquifer recharge, water quality enhancement, protection of wetland dependent species habitat, and flood control? Ord. 2002-63, Sec. 10 (1)(c) Yes ❑ No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel does not contain wetlands and does not significantly contribute to the aquifer. 4. Does the property offer significant biological values, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality? Ord. 2002-63, Sec. 10 (1)(d) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel is adjacent to Nancy Payton Preserve. Florida panther, gopher tortoises, and red -cockaded woodpeckers have been documented in this area. 5. Does the property enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link or habitat corridor? Ord. 2002-63, Sec. 10 (1)(e) Yes ® No ❑ (If yes, briefly describe how parcel meets the above criteria): The parcel is adjacent to Nancy Payton Preserve. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Ord. 2002-63, Sec. 10 (1)(f) Is the property within the boundary of another agency's acquisition project? Yes ❑ No ❑ If yes, will use of Conservation Collier funds significantly increase the rank or funding priority of the parcel for the other agency's acquisition program? Yes ❑ No ❑ MEETS INITIAL SCREENING CRITERIA ❑Yes ❑No The property satisfies 4 initial screening criteria Packet Pg. 1014 26.A.27 Figure 1: Lie Overview Map WHITE 11THAVE SW F H U) 13TH AVE SW F-- N N r C�7 15TH AVE SW 17THAVE SW 19TH AVE SW x in C7 a 21STAVE SW m w D J m 23RD AVE SW IF Miles a r Cn LIE - SIT / WILLIAMS / CHEW BUCKLEY (Cycle B) - - Conservation Collier Preserve �. Other Conservation Areasmm�mm p to � c d E t v m Q CON AT14N LLIER �� co[i�r Gouxty Packet Pg. 1015 26.A.27 Figure 2: Lie Aerial Map T 0 0.25 Miles LIE, RUN HE SIT / WILLIAMS / CHEW Conservation Collier Preserve p c fx t E t ti v Lj Q CON -11 ATION !TIER Collier County 1 Packet Pg. 1016 i X696BIM9pi V ' 5 �I.,- ` ,V- - ' • ��. 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V Z 2 op a o 4' in o U u _ o E m I o I "� m 3 c4 0 m y aJ � O -04* Lrn -0 z 4- 4 ,- � U 4-�� m 3 f6 2 ca f6 � � f6 4 � co : � U i V U a U> U H Ou U 2 OU U D J d Co M Q N - aa;;iu WOO Aaosinpy uoi;isinboy pue-1 : LMZ) OVV-133 ZZ-1-U sei:padoid NSOI :;uewt43e}}d Co M Q N - aa;;ivauaoo AiOSIAPV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid NSOI :;uauayoe;;d N O N v Y O E E O v dA to OJ t O 4-1 to U1 t O tn tn N L O N N U1 i E co xo O U 00 i O p r, a M Q Q L O /R .O u a °� O ❑AI8 01033(l ;O )VIC i3AEi I CD M Q tD N - aall!w aoo AiOSInpV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid MSOI :;uauayoe;;d i ca E E Ln Q) O U Ln U co O (1) (,`n i U O E E c6 C a� m � � o � O cB d O O 0° o � a� V) ru -0_ Lncu N O °C o O a ❑ V) O o ru 4-1 00 = 0 U � n > _0 a-1 N � O L f U_ C N o =3 rn M m > r-I ,U -I O O O O O O O O O O w lfl It N O w lfl It N r-I r-I r-I r-I r-I co LO O Ih d d Y V a Co M Q N - aa;;iu WOO AJOSIApy uoi;isinboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d O Q0 O O m m L O U \Co m U .O O w U E E C6 ,A a o 0 0 0 M 0 0 0 0 00 I- O (.0 O _ O a v 0 a E m 3 a }, w Ln N N Ln �O a s oa a, fA O a 4 M r l0 rM m 0 a O1 s OJ E E Q V) v c aj .� m a_ U i C C C OJ 0) 7 C U C U O u E D O C> > > V v E +' N U 43 i o v -> c>�ro 0 O U u > > > W � ri ri ri ri N Q) � a- a cv O +J O O N c� }' cn O m U CC O � � � � N G ate-+ � vi (/•) Qa �� �� aA� N UO u O O N > -0 L —_ CAA N ' i v a--+ cn 4- i S (B > s N L N t •L Q > N� O�� Q L in - — a)O iii +, +� 0J N 4J o S N O � d W O in O _ 4- N cv .� x N C: in Q t (6 0 O O 41 f6 LL O a f�6 N 00 ro i i N z +tn _O+ i (/f ro Ln E E n 0 � tiA U r p E O o Q V .� m O .v Q U G1 H V) 41 0 Q Co M Q N - aa;;iu WOO AJOSInpy uo141s1nboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoad NSOI :;uewt43e}}d O 00 4- 0 a--j 73 O v O U N N N C6 f6 E V E E Ca 2 No v' "1 M 10 O 1 fV 1-0 W c 'O M O r-I M M a a, �N N O a aj 3 Q C O a a, wo 3 v �N N O a 0 a aj s tL0 v 3 Q c v v U c (0 s c LU f6 •� (p L a1 � V N +' O N v O c in � aJ s ca E u v, a a c-I N m N N N N O U _ Q U u J N � ffu L z O � Q L ru � O E c O _0 hA z ; U— O 1 O t C]A N u �--+ O U O U m V = _0U N Q >, U m O W O _ Ol N _ N 76 dA a N 3 f0 _ O 4� I +, 3 v • I — ra >. V L a) ++ _ =3 4- N Q U U aj U U Gi N� N L (U , (n L U Ln u ru aN te N + �-0� - > Co M Q N - 8011ivauao0 Aaoslnpy uol;lslnboy pue-1 : LMZ) 0dd-100 ZZ-1-U sei:padoad NS0I :;uewt43e}}d O 00 4- 0 O 01 Ln Q� L O U N cu E N CLO C6 c Sro G C6 O fB i O N i U E E I 0 0 0 0 off }' � o o 'o a v .N 0 a v m 3 Q o Ln m N oo to N 'O a v s NO v Ln 0 a to G1 to N N Ln L.f) C 'O a v s oa CU v m Q �•d L c v E a-+ c:w m +1 fC C to i m m O aJ C O +-' O mai + aJ +' � �bz aj to > OC Q � N m M m m m � L aJ N N a� s > 4� 4� Q E O > twit O N +, +, co . 70 E UU E Q � V � O LL � QLL u Ni N N v LNL O bn > E a , LI- O O v) m aJ > 0 U aJ Q v) w U U > i Q� a N L bD i a + N H f6 to U aJ -0 c O a� I a-+ LnU� O ro N to ro t ro I 0) 0 -0 bz O ++ cv ++ > Gl.E N U cif ��>ro � v E Q Q =3 Ln hA v -4-0-0 N v L L 4� M m m a cu � f0 O s u p 0 ro E^ d '� c- ro ro ro N (U U c N N ro > 4� M 0: Q to Z LL d Co M Q N - aa;;iu WOO AJOSInpy uol;lslnboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d 0 0 0 C M � 0 �O a a� O a a� m 3 a O 00 N 41 00 Ln N O a a� s OD 3 v 72 V) O a � M N �O a a1 s as W v 3 a co a� V) cu a U � O m L- bo O _ 0 N N io ci N cv � t O +� N Ln 4- � � O N s = aA a.o � o o O u1 O Q1 dl N N Q N � J m cr cr- L (1) t U m s a� Q o ,- u z O Qj U I o i Q 0 i > m U Q f� O E Q a0 i Ln u1 = \ O .E Q a + ate+ > N � tit Co M Q CD N aall!w aoo AiOSInpV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid MSOI :;uauayoe;;d `mu N E N C U t 1 m N Y 0 N m m m � x� �a JI0 an�a oins�a � LL r m� ❑A10 s30V7963A3 r wQA1S NOSH P;. U r V) N O as o0 }' C: v ro 0 } �^, W w` � : +- fB c6 a- N C -0 O x C E U v o 0 o +� Q o O }' 0 a, �+ o Q N v cz v i o V) ate+ o E . � o v X v 07 cc aJ N CQ Q N L w I a o a% N 4-1 N L N C: U — v +� u O _v E ao -0 o +� v i N L u ° m 0—`o a' E E 2 : v E — v U L o o Ov � 4 v Q Q u Z 4A cu -r- Q DC ' xa r 5j e� z _ N � r _o _ CD -co N b �m - v� y ¢ m m a oQ a m p o 0 0 m CD, E @ c o � m Z rn V c c � ouzo` F 1 1 v CD 0 T- 61 d d Y V a CD M Q tD N - aa;;iu WOO Aaosinpy uoi;isinboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d m 0 z 4 Oii O131j N38 z� — Ion LO w O Ch d a) Y V a CD M Q tD N - aall!w aoo AiOSInpV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid MSOI :;uauayoe;;d i ca E Ln Q) L O V) fB cu i O U C6 a-J 2 \ i LL F) 00 a.� M D Ln O _ +� a1 O O a1 N R N \ OTC Ln � M a° N ❑ O O L m V) O o> c U 00 O M E C6 IZJ- _0 N i N � a U_ lD to aJ O =3 lfl OU M LU c-I r-I O O O O O O O O O O 00 lD Tt N O 00 lD "zi- N rl r-I r-I r-I r-I m m O T" Ch d d Y V a Co M Q N - aa;;iu WOO AJOSInpy uol;Islnboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d N o 0 0 0 0 +' M Ln O Ln Ln a v .N O a a� 3 Q m m lD u1 N N Ln }, C � �O a v s an a� 'N H O a CA 41 e�i N C � O a a� s dA a� Q Ln v L i O E i U O U E =3 U E > Z U N N U 4- Ln .O T �> O O >� U u > > > w Ly -i N m 1:3: r-I r-I r-I r-I r-I U_ L Q% m _0 Q� O L a 4- N LL r N Q) U t .C: 00\0 (O > V `ti o� U -0 O m N Ln o O o 13 a)bn >O +� a L N o t1A cv 4-j i_ E U v N N 0 v 2 O � L a1 +-+ N CLO O U u O 0 N (O (/) O O v-0 m a cB 00 Q LndA LL I •� •N C% U -0 3 N Eta ++ CO N ++ �� �^O G1 ia) � 0-0 Q m E U iLn C kn U O v E= 3 U= -W � OC > O -Fa tn Ln 0-m E O W L.L CD M Q tD N - 8011ivauao0 Aaosmpy uoi;isinboy pue-1 : LMZ) 0dd-100 ZZ-1-U sei:padoad NS0I :;uewt43e}}d N +, o * 0 m 0 m 0 Ln Ln W M N •O a a, re 0 a ar 3 Q c 0 a ai t as W a, N H 0 a M Ol N c-1 - M 0 ar 41 s as aJ 3 Q C a) U u (6 L LU m al =3 L =3 M � U m N u N a C� G U U w 0 a a -i N M N I r,41 N I N tw � � N � 20 4� -J V =3 — L_ C6 -0 a 0 dA 4J ++ N (� U U (V6 C1A a U U s v 0 s v 0 =3 Ln LV Ln Ln 5` Q U I �.E V� r }r Q0 (1) L Vf cN CO 0 C6 O f6 V N M a--' •Vf X 0 L_ N N Q t =3 U=3 U 0- i H a (B oc a Q ra Q a E Go w O T" Ch d r CD Y V R a Co M Q N - aa;;iu WOO AJOSlnpy uol;lslnboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d O 00 4- 0 O Lli cu L O U Ln a--+ N E N bA C6 C6 O L O cn cu N L a-j O 2 L L.L e o 0 0 H T--I 00 O O }, = I*� Ln O O O a v N LA 0 a Iv m 3 Q N Ln N C �O a Iv s oa v Ln Ln O a H n N M N Ln M (V C O a aJ s oa CU N m Q � L N U E +, 4J N N m m C Ln i (6 N 2 CB C6 U C 2 (6 O c ai C O + O '�+ .2 C m +' N +' O v w `" > or- Q (U r1 (V M M M M M I te-+ N U O a L (U� m N N O n N N N � � N bA O . - � a.., O � • bA (u N O - QJ N N U -0to In z N ate-+ O - (6 0 U (6 ro ,� N in U =3 O c m Ln U ro N N m LL �j C Q0 I 4- m m i 3 ro O i O O O (O aJ f0 m to d EN Ln N � aJ � � N bA •� aJ � w bn f6 aJ U U (A N U f6 N fB ) r N r m m a M M .� Q m Q) bD bA Lfl Q a (b Q V) as+ Co M Q N - aa;;iu WOO AJOSInpy uol;lslnboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d _C M � OM �O a v O a v 3 Ln a O 00 N 00 Ln N C �O a W s ca N O a r-I I;t r- O en N O 0- 0 > O O N N > I r-I N 1 _s. I a,o � cn 0 0 0 m M 2 I � � N U I � co OtA m J a--+ ++ i E O •� i = m m i Q O % Q a) @ 'i 0 > Co M Q N - aa;;iu WOO Aaosinpy uoi;isinboy pue-1 : LMZ) OVV-130 o V) Q C O ro Q 0 I Q �N (B W N C: ate' O V) O N V a +� O C: a, J o cn LL Q :Z-1-U serpedoid NSOI :;uewt4oe;;d O 2C T `W a r z y v Y ~ � R U tD �Q U Co M Q CD N aall!w aoo AiOSInpV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid MSOI :;uauayoe;;d w MS iS 1S4Z w z nN MS is 0bEZ MS is HJ.SZ ? Nl �JN05�2i18 v Y la NV all u MS IS H1LZ m o J } JW F z MS iS Hi6Z m MS Is iSLE N v rn W Q 4 S S 2 � Y F CIA'19 a3ll-100 a 35ds 3n�9 v 3 v U ul UJ _ = F 6 F to a MS is H IGE W N - aall!w aoo AaosmpV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoad MSOI :;uauayoe;;d L E Ln Q� L O U (n cu i U ca O U cu J i C6 dJ U N E f6 o 00 O � v 1p c 3 N > a--+ 0 C a- O C 00 0 -0 aj LI1 N ( ca N 0 N N m ❑ L O C N 00 a) E 7 ++ ate-+ M > d N a� cc L J O u O � Q r' F ■ Ln > w O o o O O O Ln O Ln N r-I r-I O O 00 co O O \ N O > c N c d O 4- L 00 coo v m 0 in c% v 0 ❑ O E v 4.1 00 Z3 c n3 u N \ cn E u m — O O Z3 Q It O w to > ■ lfl ri N O O O O O O Ln O Ln N r1 r-I M O T- 61 d d Y V a CD M Q tD N - aall!w aoo AiOSInpV uoi;lsinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid MSOI :;uauayoe;;d 0 0 0 0 N O 00 O N R C v a Ln N N LLn y O a m a m 0 W m C � ci N y a° v � a � L' > 'E v > (6 7 V CC E � N aj c a o E u c. ° E o > > v E o ai tv a 0 c IJ > m U W W a -I c4 c4 c4 c4 O O a . f= O O > L- N QCClU O N L n _' • f6 a)a � Zn � O fB f= O O a U •� U U fB Ln M �• � O L O � L D c N E L O O O u D L _ o L _ fu O 4J • • N O v 4-J O O O L c f6 ro d cc Q qA _0 I Q N a, cn c� 'N •� r GJ LL Z i E CO s E s ss O 'L E U '- cB U O Q.a O I� O 0 CA O 0 N 'ate—+ ' Q U cv U N E E w iii o 4A j 4- OU p m � Cn Cn W v O T" Ch d d Y V a CD M Q tD N - aall!w aoo AiOSInpV uoi;isinb3V pue-1 : LMZ) OVV-100 ZZ-1-U saipadoid MSOI :;uauayoe;;d 0 0 0 0 v m °�n° m w c v L a 4 o M m M M � � 'o a aJ 41 a° two r M O C 'O v a N 3 C v E N U C L c w co •i 6 L aJ � U � C � N � o U > v O U � U t Ln E OC Q Q N N N N N a aA cu O cz (n Q (B XL. O L C � '� cN CD a..+ U L to O cu ^ O N U m N U U m O 'cc =3 a) > W O fB E i (L61 � LJ Q aJ N a t >- d N ++ vi 3 H U H U U V CO 4- a1 fB LO r- O T" Ch d d Y V a CD M Q tD N - 8011! WOO Aaosinpy uoi;isinboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid as:31 :;uewLioe}}d 00 m o of O U V) 4-J E CZO c6 c ro L O fa L O +-j Ln Qj W J ro Qj U 1-1 E `ro N O W O O m W w J CCU U G OJ N r ba C m Q/ :t N m 'O C c m (p C C M O 0 v C O + O MY C m M N aj C N N A � c-I N M M n1 M M 0 0 0 0 O O O O N c a a N � 00 V1 N y •o a � v y a° m CD 3 O ul M N 00 V1 N 00 y .a 'a m v Q p GJ 3 G! v Ecu N N E aj mu m O Q)+t uo V7 m V C m 0 O Qj ro Y y > oC Q c-I N M M M M M � � J Lo — fB 0 LL 4+ > N OU Q L d m N N QJ QJ -0 U > 4w a O O aJ cn 'VCL ate- D U O 41 N U N U a U fa m � LL v m O L cn cn O U U m X QJ O >, (v U 4- cn Z ++ O Q •L •N Ln 4-1 Q fB Q E In i _� ++ �i Q) Ln M Q) U O 4E Q Q }i O • � • 4— (n • N � to '4--) Ln CAO QJ QJ f0 Q) m N ,— U mto QJ O N _ • L N N a--+ G > U N 0 C I � Q) O d V) v X +�+ QJ L Q) 6 +m+ _-0 Q- U Q)EAM � W Q Y! m V a)QJ cc W L ` L O - aa;;iu WOO AJOSInpy uol;lslnboy pue-1 : LMZ) OVV-1O0 ZZ-1-U sei:padoid NS0I :;uewt43e}}d M Q 010, o 0 ar ^ o tw m c ar L cu a +' 0000 Ln N C OJ O a t v o s a aA Co E C "a •O v a M 3 s Q ,an a, 3 2 v L (� a V c OJ c i= co bA Q o icli OJ C ._ 0 > 3 N 0 > I I ri N RT IZT IZT •H �T • to IA � �' o c c o 0 o o - o LL v O -4 v L C v N C6 U a--+ Q -0 � L O N cn v 4� O Z I G1 i v D v i o N M L m O Q) a ++ O }' J U a- 01 t E U m dA ?to Q 0 f6 C .E , N o 41 > (B 0 N Z O�'1 GJ CD M Q tD N aall!w aoo AaosinpV uoi;isinb3V pue-I : LMZ) OVV-100 ZZ-L-U saipadoid MSOI :;uauayoe;;d N O L m c x .N O U � N O x .V) U Q J O C6 N C J U O Ln N U N E 4- 0 � O C N — O V w MS iS 1S4Z w z nN MS is 0bEZ MS is HJ.SZ NI UNOSUNIS N Y is NV3ll MS IS H1LZ m o J } Jlil F z MS iS HiGZ m MS Is iSLE CIA'19 a3ll-10'J � � Q Vf 4� 4-1 O O � O ;. O — O N E fB Q) r O C O N O O C: = -0 ai a 35es 3ma t I L E Ld M a 52 Y N N MS IS HIGE 3� L Qo I, - CD d d Y V IL CD - aa;;iu WOO Aaosinpy uoi;isinboy pue-1 : LMZ) OVV-133 ZZ-1-U sei:padoid NSOI :;uewt43e}}d M Q tD N m a �> mV) 4- v O +-j_ i O N O - L � d C Ca U L O z O L/) N L L (Q N Z3 U co v � O O N O z o wo 00 O X O v U U Q 3 m . . rn r- O T" Ch d d Y V a CD M Q tD N - aa;;lu WO:D AJOSIAPNf uol;lslnboV pue-1 : LL LVZ) OVV-100 ZZ-L-Z4 sal;aadoid NSOI :;uewL4oejjv o 00 Ln o C }, v o O 0 c13 a O 00 O —0 Q 0O0 a c0 — N N o N m ❑ Ov 00fu 0 E o l = a a--+ f V O ro U_ Q O b.0 r-I O 0 V > r-I W c-I O O O O O O O O O O 00 l0 Ic:t N 0 00 lD I;t N r-I r-I r-I r-I r-I 0 00 O T- 61 d d Y V a Co M Q N - aa;;iu WOO AJOSInpy uol;lslnboy pue-1 : LMZ) OVV-130 ZZ-1-U sei:padoid NSOI :;uewt43e}}d NO 0 0 0 0 4-1 Ln o o o o %0 W O M Ln O a a tA O a a� 3 Q m r r m 4' tD Ln N N Ln C O a a� 3 a, M fA O a v+ m n 0 n N N 'O a a� t dA a� a N z +� Z3 U i E N O i U 3 O U E O U > > U v E v +, v T o ( 0 0 O w v > W rq ri ri ri ri O 4, Ln U O 4�O N }, N N O+ i O v 4- O Q Lr1 O � ri al CL =3 N ro U O tLo ° Q) c� o Q OO Q U O N Q (B Co _ (10 > LL Q 4- v a U cr c v U to N� Q LL I a.., qA s U I o .L = cV •3 N QrO N s O ) ++ iri � +� r� I V U E -0 O = N � Ln w � fB CO �m cv E s i m O Z -0 E >� I U ro � E m mLn a� Ln N o 4- M N Q — f0 Q O W O N U Q - aall!w ao0 AiOSIApV uoi;lsinb3V pue-I : LMZ) 0dd-100 ZZ-L-U saipadoad MS0I :;uauayoe;;d E a� a� a + N bn N M N > ° � � a, o3 c� fu a) > N C N a) a) -0 N a) 0 aJ OU a. 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